Joshua David Zelman's Answers

Joshua David Zelman
Tallahassee Criminal Defense Attorney.
Contributor Level 5

2

Attorney answers:

  1. David G. Weilbacher, Esq.
  2. Joshua David Zelman

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

Asked by a user in Oklahoma City, OK - about 3 years ago.

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...

3

Attorney answers:

  1. Jeremy Richard Rosenthal
  2. Joshua David Zelman
  3. Alan James Brinkmeier

Juveniles and shoplifting

Asked by a user in Colorado Springs, CO - about 3 years ago.

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...

3

Attorney answers:

  1. Thomas C Gallagher
  2. Joshua David Zelman
  3. Stephen Andrew Mosca

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

Asked by a user in Zimmerman, MN - about 3 years ago.

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.