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Valerie Erwin Prevatte
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Valerie Prevatte’s Answers

137 total


  • Will I be drug tested in pretrial diversion?

    I recently got arrested for tag not assigned to vehicle and petty theft. I was granted pretrial diversion, seeing as it was my first offense ever, and I go to sign my contract Monday morning. Will I be drug tested or alcohol(etG) tested? I'm not o...

    Valerie’s Answer

    Random drug & alcohol testing is usually a standard condition of PTD in Escambia County. They rarely test you the first day though. If you didn't steal the tag & weren't the one who attached it, you might want to consider rejecting PTD and using the public defender to contest the charge -- they'll probably end up dropping it unless you made incriminating statements to the cops or in court .

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  • Will my probation get transferred?

    I am on probation for a felony (adjudication withheld). I have about a year left of a three yr term, haven't violated and have never failed a drug test or missed a monthly report. My wifes job is transferring her to North Carolina within the next ...

    Valerie’s Answer

    • Selected as best answer

    Some probation officers will give you extended travel authorization and will let you mail in your monthly reports. Your history of prior supervision will be a determining factor. Also, be sure you've completed all special conditions such as classes, community service work, payment of restitution, etc. Finally, be very, very careful if your probation is transferred to NC to still stay in touch with the Florida PO; don't trust the NC PO to send documentation to the Florida PO. It's very common for the local POs to file VOPs a few days before probation is supposed to end, alleging that the probationer hasn't completed all terms & conditions. I had a case recently of a client whose supervision was transferred to Mobile; the client did the community service work and classes in 2013, but the local PO filed a VOP anyway because the proof was never submitted to him in Florida.

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  • Will I lose my medical license? Will I no longer be eligible to work as a CNA?

    I obtained my CNA license in October 2014.,in 2015, I was convicted of misdemeanor retail theft. What will I be facing? I have no prior conviction history. Will I lose my medical license? Will I no longer be able to be employed in the medical fiel...

    Valerie’s Answer

    If you were convicted (as opposed to adjudication withheld) then you can't have it removed from your record. And yes, it can have devastating consequences on your livelihood. Contact an attorney with prior experience in professional regulation cases or one previously employed by DPR.

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  • Accused of stalking?

    My husband has been served with papers to go to a court date for "Stalking". It was filed by one of his co workers who was trying to have a relationship with him. He wrote her boyfriend before the claim and told him that she was trying to get with...

    Valerie’s Answer

    I agree with my colleague. Even if the allegations are bogus, the term "stalking" should be enough for you to worry. A charge like that can have life-long implications on his ability to get a job, rent an apartment, or just have a normal social life. Don't trust the prosecutor or judge to see that it's bogus and "throw out" the case. Real life criminal cases aren't like the circus acts you see on TV. Consult a LOCAL attorney familiar with the nuances of your jurisdiction, not just the firm that advertises the most online. If you don't know where to begin, call a reputable local firm that handles other practice areas and ask them for a recommendation. Good luck.

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  • How do my wife and I dissolve a no contact injunction that was placed on both of us

    We are currently going through divorce. We both have injunctions placed on each other. We have seen the error of our ways and need to dissolve this so that we can work our parenting plan. What can we do?

    Valerie’s Answer

    Florida statutes specifically provide in two separate sections (741 and 784) that either party may move at any time to modify or dissolve the injunction. You don't even have to make specific allegations as to why you want to change the injunction. Go to the same place you went to when the injunctions were requested and tell the clerk you want to file a request to dissolve both injunctions.

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  • Is there any form of Trust that can protect assets from civil liability associated with a criminal fraud (counterfeit Treasure)?

    a local con-artist is running various counterfeit Treasure related scams (total of 8 scams including raising money for a museum to exhibit the non-existant treasure). The con-artist has put his commercial real estate that he has 'dressed up' to l...

    Valerie’s Answer

    Try re-posting your question under the practice area of trusts or civil.

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  • How can I go about getting justice for a Dom.Vio.Disp that resulted in me the victim but the aggressor not getting arrested?

    Was taking photos of my property in regards to flooding issues, draining w/o proper authorization by another neighbor, & paver damage. I was outside in front of my home while taking photos when the neighbor came out furious about me taking pictu...

    Valerie’s Answer

    You might want to repost your question under "personal injury". You refer to being the victim of domestic violence, but if the aggressor is a neighbor with whom you've never had an intimate relationship, it's not a crime of domestic violence. Also, I suggest you contact a reputable attorney that handles personal injury and small claims cases. Good luck and I hope you have a speedy recovery!

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