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Joshua David Zelman

Joshua Zelman’s Answers

9 total

  • Should I apply for early termination of community control or only modification of supervision to probation?

    I was placed on one years community control, and have finished 5 months without any problems. Next month, I would like to either apply for early termination, or have my supervision modified to a regular probation. Now, I have completed everything...

    Joshua’s Answer

    I agree with Mr. Ward. Asking for early termination and in the alternative, asking for a modification, is the route to go. You should speak with a local criminal defense attorney who can advise you of the best route to take. As Mr. Ward stated, you should be able to accomplish this with a nominal fee.

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  • Minimum sentence for attempted robbery just with someone who did and violation of probation?

    My son who was on probation was with someone who shot someone. He didnt have a weapon nor did he hurt anyone but offered a plea of 15 years for attempted robbery

    Joshua’s Answer

    I agree completely with Mr. Ward. It is extremely important that you meet with an experienced local attorney so that your son gets the best result possible. Please call me at (850) 254-0375 to set up a free initial consultation.

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  • ...my mother and I was wondering if there's a way I can move out without either of us getting into trouble?

    Hi. I'm a 15 year old girl in Florida, I know that I am not able to be legally emancipated yet.. BUT, My birthday is in April, and I'll be 16 and we will be putting my petition for emancipation through the courts. My mother and I were wondering if...

    Joshua’s Answer

    You need to be careful in this part of Florida, as a certain state agency could consider this abandonment, even though that is not what you are your mother intend. I would consult a family law attorney in Tallahassee who is familiar with this type of issue.

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  • I am being charged with grand theft from retail merchant (f3), can i fight this even if the retail has a confession.

    This is my first offense ever encountered with the law. I am currently a working college student who made a mistake

    Joshua’s Answer

    There are many reasons why you should fight a case under any set of circumstances. Merely because you may have committed a criminal act does not mean that the prosecution can prove it or that they file the appropriate charges. You should consult a local criminal defense attorney before you do anything. Feel free to call me to discuss your case. (850) 443-5674.

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  • My ex-husband got ahold of my new cellphone number without my permission.

    One weekend when my ex had our children he went on our oldest daughter's cellphone without her knowing and retrieved my cellphone number. Because of his manipulating ways the judged told me to make sure I document everything when it comes to him....

    Joshua’s Answer

    From what you describe, your case may be vastly different from the norm. I agree with the posts below that his behavior does not rise to the level of stalking or harassment. However, the answer may be different if it continues. I would consult with an experienced family law attorney to assess whether his actions violate the court's order and ascertain whether you can or should do anything at this time.

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  • Can he now say he doesn't want to be responsible for her? Does she have to go to his house for visits, if she doesn't want to?

    Before we were married, my husband signed a acknowledgment of paternity for my oldest child. He was then at the time placed on her birth certificate and she has his last name. She is 14. We have only been together almost 11 years.

    Joshua’s Answer

    Your husband is considered the legal father of your daughter. As a result, he cannot simply walk away or sign his rights away. Hopefully, he hires an attorney who explains this to him before he causes irreparable harm to your daughter. With respect to your daughter going to his house, you need to encourage her to continue her relationship with your husband and do your best to be supportive of that relationship.

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  • Is it possible to be bailed out of jail if charged with 1st degree murder?

    If charged with 1st degree murder and sitting in jail (date of trial has been scheduled) in the state of Florida can bail be set or is a first degree murder charge not bondable?

    Joshua’s Answer

    Generally, an individual charged with first degree murder will be held without bond pending trial. To hold you without bond, the State will still have to establish that the proof is evident and the presumption great that you are guilty of the charge. This is an extremely high standard to meet. To obtain release, you must demand an Arthur hearing. As a practical matter, almost all individuals charged with first degree murder in Florida will be held in jail without bond. If you are faced with such a charge, you should contact a Florida attorney who is qualified to handle first degree murder cases as soon as possible.

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  • Juveniles and shoplifting

    my son at 14 years old decided to shoplift items totaling $65.45 from a safeway. My question is "is this considered a misdemeanor, felony, or petty offense?"

    Joshua’s Answer

    Your son could be charged with misdemeanor petty theft. In Florida, theft of property valued under $100.00 is a second degree misdemeanor, punishable by up to 60 days in a County Jail. Theft of property valued between $100.00 and $300.00 is a first degree misdemeanor, punishable by up to 1 year in a County Jail. Theft of property valued in excess of $300.00 is a felony.

    Generally, if this is your son's first offense, he should qualify for a diversion program. By agreeing to enter into such a program, he may be required to admit guilt and perform community service hours. You should contact the prosecutor's office in your county to discuss this matter with the attorney assigned to the case.

    If this is not your son's first offense, you should retain an attorney in your area with experience representing juveniles.

    I am admitted to practice law in Florida and my answers only to events taking place in Florida.

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  • Ciminal attourney can the add a victim impact stament after the psi is complete

    can they add a victim impact stament after a psi is complete

    Joshua’s Answer

    The short answer to your question is yes, the State can add a victim impact statement after a pre-sentence investigation is completed. In fact, a victim impact statement does not have to be written into the PSI at all. Many times, a victim impact statement will be read in open court by the victim or a representative of the victim.

    I am licensed to practice law only in Florida, so my answer would apply to a proceeding in Florida only.

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