Valerie Erwin Prevatte’s Answers

Valerie Erwin Prevatte

Pensacola Criminal Defense Attorney.

Contributor Level 10
  1. What is the difference between seal and expungement?

    Answered 8 months ago.

    1. Valerie Erwin Prevatte
    2. Jonathan R. Miller
    3. Seda Aktas
    4. Bhavik G Patel
    5. Mark H Randall
    6. ···
    6 lawyer answers

    A sealed record can still be accessed with a court order. In my jurisdiction, they're placed in an envelope & literally sealed with tape (at the clerk's office.) An expunged record is physically destroyed (shredded). Both sealed & expunged records are hidden from PUBLIC view, so for example your next door neighbor can't look them up online or at the clerk's office. (Law enforcement -cops, probation officers, prosecutors- always have access to the fact that there was a prior arrest through...

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  2. How long can the state prolong a trial if the defendant has asked for a speedy trial?

    Answered 11 months ago.

    1. Valerie Erwin Prevatte
    2. Larry Thomas McMillan
    3. Robert Jason De Groot
    3 lawyer answers

    There are some exceptions, but generally a defendant has the right to demand a trial within 60 days by filing a Demand for Speedy Trial and serving a copy of it on the prosecutor. The court is supposed to hold a "calendar call" within 5 days of the filing of a DST, and then set the trial between 5 & 45 days. Again, there are exceptions. A defendant who demands a speedy trial is basically saying he/she has diligently investigated the case and is prepared for trial. I've seen many defendants...

    16 lawyers agreed with this answer

  3. Someone i know is being charged for aggravated battery on a pregnant girl. He was suppose to be release 12/27/13 but he wasnt

    Answered 8 months ago.

    1. Valerie Erwin Prevatte
    2. Jerry Jenkins
    3. Michael Adam Haber
    4. Robert Jason De Groot
    4 lawyer answers

    He's been in jail since September on this charge?! If he doesn't already have an attorney, I suggest that he contact a local criminal defense attorney familiar with the practices and preferences of the judges and prosecutors in the jurisdiction where the case will be tried (and preferably an attorney that is a member of FACDL). An attorney can review his bond to determine whether a bond reduction hearing is warranted. He should be careful what he's saying on the jail phone - many prosecutors...

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  4. I have 50 Hours community service here in Duval County, FL. Can I pay off my hours to a charity?

    Answered 8 months ago.

    1. Brenda A Drake
    2. Valerie Erwin Prevatte
    3. Michael Adam Haber
    4. Colleen M. Glenn
    5. Jason Barrett Snyder
    5 lawyer answers

    Unless your sentence or negotiated agreement prohibited a "buy-out" you shouldn't have any problem. However, don't simply make a donation under the assumption it will suffice. If you're on probation, ask your probation officer how to "buy out" your CSW. Or contact the clerk of court to make arrangements to buy out.

    10 lawyers agreed with this answer

  5. After 20 years has gone by, can a person fike molestation charges against you and can it hold up in court ?

    Answered 8 months ago.

    1. Valerie Erwin Prevatte
    2. Michael Adam Haber
    3. Robert A. Broadie
    4. Colleen M. Glenn
    4 lawyer answers

    Florida statutes have a broad definition of what constitutes molestation or lewd or lascivious conduct. If you have reason to believe charges may be brought against you, I recommend you not discuss the matter with anybody other than an attorney with whom you have a privileged relationship (which doesn't exist on AVVO.) If questioned, you have an absolute right to remain silent. Many defendants go down in flames because they try to explain their side of a situation, thinking cooperating with...

    10 lawyers agreed with this answer

  6. What is the statute of limitations on receiving victims assistance after a rape? I need more counseling and I'm being told no.

    Answered 8 months ago.

    1. Valerie Erwin Prevatte
    2. Mark S. Germain
    3. Robert Jason De Groot
    3 lawyer answers

    I'm sorry you're going through this terrible ordeal. Assistance through the Victim's Compensation Trust Fund has been denied? Your local domestic violence shelter may be able to point you in the right direction or the State Attorney's Office that prosecuted the case initially. Don't ever give up. Fight! Fight! Fight!

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  7. Do I have a case, or can I counter sue?

    Answered 9 months ago.

    1. Valerie Erwin Prevatte
    2. Christopher Robert Dillingham II
    3. Michael Adam Haber
    4. Timothy England Moffitt
    4 lawyer answers

    Be sure to give your public defender a copy of your photos. (On a side note, having a public defender isn't necessarily a bad thing; often they have direct access to the prosecutor and know the pet-peeves of the judges.) You may be referred to the Pretrial Diversion program since you have no prior arrests. I recommend you contact a LOCAL attorney that handles civil actions to determine if you have a viable action for damages relating to your injuries.

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  8. I work at a company I will leave disclosed. They said they had footage of me stealing food from the store about $4.00 amount"

    Answered 8 months ago.

    1. Valerie Erwin Prevatte
    2. Colleen M. Glenn
    3. Michael Adam Haber
    4. Mishka L Marshall
    4 lawyer answers

    If you've been in Escambia county very long, you probably know how zealous law enforcement & the State Attorney's Office are. I recommend that you don't discuss this with anybody, don't post it on Facebook, don't call the ECSO, SAO, coworkers or business to ask for an update. If you are contacted by law enforcement or your employer, I recommend you not answer any questions about this & by all means don't try to explain your side of the story. If you are ultimately arrested, I suggest you...

    8 lawyers agreed with this answer

  9. How can I deal with mugshot website?

    Answered 8 months ago.

    1. Valerie Erwin Prevatte
    2. Christopher Robert Dillingham II
    3. Christian K. Lassen II
    4. Daniel Nathan Ballard
    4 lawyer answers

    The expungement process usually takes several months, so in the meantime that mugshot may stay online haunting you. Some sites will remove the photo for a fee. If you don't want to pay to have it removed, then as soon as you have your expungement in hand, contact the site in writing to remove the mugshot & information.

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  10. Missed probation meeting for drug court. Need suggestions on next step.

    Answered 9 months ago.

    1. Michael Adam Haber
    2. Valerie Erwin Prevatte
    3. Timothy England Moffitt
    4. Fairuze Sofia
    4 lawyer answers

    Contact your attorney immediately! He/she can help you with "damage control." It sounds like you have a lot going on right now, but your situation isn't hopeless.

    6 lawyers agreed with this answer

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