James B Countess's Answers

Length of time required for officer to file citation in Florida.

Florida Statute 316.650 states that the officer has 5 days from the date of the violation to submit the citation. However, failure to submit within the 5 days is not necessarily fatal to State's case against you.

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What are possible consequences for violation of probation for not paying fines under FL criminal code

One of the biggest mistakes is not completing all the terms of probation. While under probation, you are under the scrutiny of the Court, and nearly any brush with the law is going to violate the terms of probation. However, the violation must have been willful and intentional. Based on the facts that you offer, your financial situation has not allowed you to pay the fines. If the Court is convinced that is the case they will most likely give you more time to get current and would be unlikely...

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Do I need an Attorney???Hello.., I was recently pulled over because I was driving my scooter between the rows of vehicles.

Yes. I think that you should consult an attorney. Primarily, I would be concerned about the criminal violation that you received. Most traffic violations are called infractions and usually the effect is just the financial burden of paying the fine. However, the criminal violation carries the additional cost of a criminal conviction if not properly addressed. While most employers do not get too concerned about a few traffic infractions, they will most certainly want to know about a criminal...

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Must a traffic violation for excessive speed cite the actual speed alleged in order to be valid?

A traffic citation, as the charging document on the offense, must put the citizen on notice as to the alleged violation so that the citizen may make an informed decision on his potential defense. We see this quite often in my office and it does often create a legitimate defense to the alleged infraction. If you would like to discuss this further, please call me.

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What happens when there is a Motion Calendar Notice of Hearing filed and on the day of the hearing both attorneys do not attend?

My guess is that you have a very unhappy judge. Hearings are frequently canceled and it is common that notice of cancellations are not docketed for a few days because of the lag between the parties the clerks office and the judge. It is also possible that the attorney that scheduled the hearing notified the judicial assistant that the hearing was canceled. Other than that, I can't see a reason why an attorney would risk "standing up" the very person who may be ruling on his next motion.

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What to do with our house?

Michelle: I could not tell from your question if you were concerned about foreclosure on the house, or just unsure about bankruptcy. One avenue I would suggest you consider prior to dealing with any mortgage recovery company is Florida Attorneys Saving Homes. This is a volunteer effort by the attorneys of the Florida Bar to assist Floridians facing potential foreclosure due to the current sub-prime mortgage crisis. You can get more information about this program at: http://www....

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Traffic Court.First I would like to thank you very much for answering my previous question. I have a ticket for backing

I don't completely agree with Mr. Rose that the backing driver is always at fault as I have heard and made valid arguments otherwise. However, his advice to seek out a traffic attorney that can help you attain the best possible outcome from the accident is wise advice. If you have more time than money, or you are opposed to using a skilled professional to represent you, go sit in on a session of traffic court before your court date to get a feel for how traffic court operates and how the...

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Careless Driving - Traffic Court - Why wasn't it dismissed?

The only person who truly knows "why" is the judge and I don't think you will get a response from the judge on AVVO, While I certainly agree that you should have contested the ticket, you stated several facts that made it into evidence that could lead a judge to deny a dismissal -- the roads were wet, you were merging onto an interstate highway, your car spun and crashed. Sometimes the facts will keep you from winning.

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I got a careless driving ticket (FL. 316.1925) for excessive speed- approximately 80 in a 40. I was not radar tagged or paced.

Careless driving has a subject standard (without regard for the "width, grade, curves, corners, traffic, and all other attendant circumstances" so as to "endanger the life, limb, or property of any person"). This is in opposition to the very objective standard of speeding as measured by an approved device. While traveling twice the speed may look bad, an experienced traffic attorney may be able to frame the excessive speed to minimize appearance of the subjective careless driving standard....

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Will my time-length of my probation (5yrs) be reduced upon full payment of fines and fees owed to the State of FL?

Without knowing the nature of the charges or the terms of any plea agreement that you may have entered into it is impossible to say whether you would qualify for "early termination." Review the documents that you received in court to see if "early termination" was a part of the agreement or sentence. Generally speaking, it is advisable to pay-off any probation related financial obligation as soon as possible. In some cases the court will grant early termination if all of the conditions have...

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