Ethan Andrew Way's Answers

What can i do if I'am not able to seal or expunge my petit theft charge?

You could try to seek a Pardon. It is very difficult and time consuming, but the process does not generally require a lawyer. You can learn more at the following website: https://fpc.state.fl.us Please feel free to review my AVVO profile and website. I consult and handle criminal cases throughout Florida and family law, bankruptcy and civil cases in the Panhandle. DISCLAIMER I cannot give legal advice over the internet nor can I establish an attorney client relationship with you....

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In Florida, Is there a time limit the State Attorney's Office has to file formal charges?

I will assume no one has been arrested and this is not a speedy trial issue. The Statute of Limitations (Section 775.15, Florida Statutes) governs the time a criminal charge must be brought. The "start" date in these scenarios would be when the kidnapping allegedly occurred and the date of the domestic offense happened. Kidnapping of a person less than 13 is a 1st Degree Felony, which has a 4 year time limitation. A Battery is a 1st degree misdemeanor, and that has a 2 year time...

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I was charged with battery on a leo 4/12 years ago...

The Time Limitation on a 3rd degree felony (the level of offense for Battery on a LEO) is three years, so you at least have a very good argument. If you have lived at the same address for the last 4 1/2 years, that will help counter any argument of tolling pursuant to 775.15(5), Florida Statutes. You should consult with an attorney right away and discuss the matter fully. A motion based on the expiration of the statute of limitations must be considered.

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Is it legal for an 18 year old girl to date a 50 year old guy in the state of florida?

The couple will get some stares and some snickers. But according to the letter of the law, 18 is the age of majority in Florida. There is no criminal prohibition on a physical relationship between an 18 year old and a 50 year old. HOWEVER, is the person is 17, it is a felony under Section 794.05, Florida Statutes (Unlawful sexual activity with certain minors).

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My firend was arrested and charged with criminal mischief. He has a bond and also an immigration hold. What will happen to him?

The previous two posts hit the nail on the head - CONSULT AN IMMIGRATION ATTORNEY. However, you should make sure any immigation lawyer works cooperatively with the criminal lawyer handling the case. Sometimes a swift resolution in the criminal justice system can greatly assist the immigration matter.

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Divorce attorney

Was there ever a motion brought before the Court to collect the fees 3 years ago? Part of this problem is a lawyer-client concern. Why go back to court 3 times and not address the outstanding fees? On the family law side, it appears to be a enforcement action to enforce the Final Judgment. Unfortunately, from what you have written it is hard to give more information.

Are fathers most likely awarded 50/50 custody even if parents live over 40 miles apart ????

I agree with the previous posting that Mother needs to consult a family law attorney. A week-on, week-off schedule with the parties living that far apart is probably not in the child's best interests. What about daycare, school, doctor, etc.

Question

You may also contact the Clerk of Court and ask if you can complete the Affidavit of Indigency in advance of arraignment. Some counties and circuits will do this, and you may even get a judge to sign off on the appointment of the Public Defender before Arraingment.

Can a lawyer LEGALLY charge a fee to withdraw in the State of Florida?

There are some serious questions raised here. But let's start with the following: 1. Did you have a representation agreement with your lawyer? Something in writing? 2. Are you objecting to the $8,000.00? Is that the balance owed on the account? 3. Is this a lawyer you hired? Was this a referral? Why did you pick this lawyer? 4. Have you addressed your concerns with this lawyer? 5. Have you contacted the Florida Bar?

I have been charged with petty theft. I was in pre trial diversion but due to lack of $ and time I was exited from the program.

The Clerk of Court will have forms to determine your indigent status. It is probably worth a trip to the Clerk's Office to see if you can apply for the Office of the Public Defender prior to your court date.