Thomas Klemens Almquist’s Answers

Thomas Klemens Almquist

Gainesville Criminal Defense Attorney.

Contributor Level 12
  1. What should I do immediately following a DUI accident?

    Answered almost 2 years ago.

    1. William David Umansky
    2. Larry Thomas McMillan
    3. Thomas Klemens Almquist
    4. Scott J. Corwin
    5. Colleen M. Glenn
    6. ···
    9 lawyer answers

    Look at questions on this site and others that deal with "actual physical control". While in the theoretical scenario you describe it would be hard to prove that you were driving the vehicle, it would be easier to prove that you were in actual physical control. And the case law is very bad for defendants in that regard. Also, something to keep in mind is that when one is under the influence of alcohol it is very hard to remember to do all of these things: step outside the car, say nothing to...

    19 lawyers agreed with this answer

  2. Pulled over after visiting a "massage parlor"

    Answered almost 2 years ago.

    1. Thomas Klemens Almquist
    2. Heather Morcroft
    3. Don Waggoner
    4. Richard G. Canina
    5. Joshua Eli Adams
    6. ···
    10 lawyer answers

    Police can lie to you about many things. You gave them evidence they can later use against you if they want to. Depending on exactly what you said, it sounds like you may have admitted to a crime on tape. Especially when they said "most just plea"; that sounds like they were saying that "most people just plea to the crime we charge them with". In general, keep your mouth shut around cops. When they pulled you over, they didn't have any evidence that you had done anything illegal. Now they do....

    16 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Can bond/bail conditions, set by a judge, be appealed by the state prosecutor

    Answered almost 2 years ago.

    1. Thomas Klemens Almquist
    2. Edward Joseph Chandler Jr.
    3. Steven Douglas Knittle
    4. Jonathan Hackworth
    4 lawyer answers

    The State attorney could appeal the decision, but I doubt they have any grounds. They could request a new bond hearing, but they'd have to have a reason, like alleging that you violated the new terms of your bond. They can't just ask the new judge for a different bond for no reason. If you don't have a lawyer on the new charge or the VOP, you should get one. Many attorneys offer free consultations.

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  4. Criminal

    Answered over 1 year ago.

    1. James W Chandler
    2. Thomas Klemens Almquist
    3. Jack Richard Lebowitz
    4. Frank Mascagni III
    5. Gregg R. Brennan
    6. ···
    7 lawyer answers

    I agree with Mr. Chandler. The paraphernalia and marijuana charges are not to be worried about nearly as much as the gun charge. The maximum sentence on that is 15 years. There is a minimum mandatory of 3 years if it is considered o be actual possession; that is, if it was on the defendant's person. The "average jail time" depends very much on the person's scoresheet, a listing of all of their prior convictions. It also depends on the prosecutor assigned to their case. With at least a prior...

    11 lawyers agreed with this answer

  5. I was charged with a DUI in GA and live in FL. My probation officer said I must continue seeing her monthly in GA. Why?

    Answered almost 2 years ago.

    1. Thomas Klemens Almquist
    2. Mark H Randall
    3. Amber Hill
    4. Kevin Jeffrey Pitts
    5. Corey Ira Cohen
    5 lawyer answers

    You should be able to have your probation transferred to FL. Talk to your attorney. Until/unless you have it transferred, keep reporting to your GA probation officer.

    10 lawyers agreed with this answer

  6. Marijuana possession under 20 grams and tampering charge, should I hire a lawyer?

    Answered almost 2 years ago.

    1. Colleen M. Glenn
    2. Alexander M. Ivakhnenko
    3. Amir A. Ladan
    4. Jonathan Hackworth
    5. Thomas Klemens Almquist
    6. ···
    6 lawyer answers

    Yes, hire an attorney. Many firms, including mine, offer free consultations. There's a possibility it could be dropped, but if a lawyer tells you anything is 100% during a free consultation, they're lying. Feel free to give me a call: 378-5599 I understand if you want to check with a few different attorneys before settling on one, too. Good luck.

    10 lawyers agreed with this answer

  7. I have been charged with a 3rd degree felony I cannot afford an attorney I'm scared can i afford to trust a public defender

    Answered almost 2 years ago.

    1. David S Katz
    2. Jonathan Hackworth
    3. Colleen M. Glenn
    4. Thomas Klemens Almquist
    5. Joseph Julius Registrato
    5 lawyer answers

    Yes you can trust a public defender. They are a "pro bono attorney" that you are looking for. Like in any profession, there are some that are better than others, but they are all qualified attorneys. None of them are there for the money. They are doing this often thankless work to help people like you; people who did something they regret and can't afford a private attorney. Ask for a public defender, talk to them about your situation and NO ONE ELSE. Good luck.

    9 lawyers agreed with this answer

  8. Should I file Notice of Expiration (speedy Trial)

    Answered about 2 years ago.

    1. Thomas Klemens Almquist
    2. Tracey Lyn Sticco
    3. Shlomi Presser
    4. Christopher Gerard Frey
    5. Eric Matthew Matheny
    5 lawyer answers

    When you file a notice of expiration you are stating that you are ready for trial- so are you? If/when you file it the State often gets their act together. Talk to an attorney before doing this. The repercussions on your charges are significant.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. I am on probation. I hit an old man and he had me arrested. we are still seeing each other. someone reported us.

    Answered almost 2 years ago.

    1. William David Umansky
    2. Evan Mitchell Kleiman
    3. Seda Aktas
    4. Thomas Klemens Almquist
    4 lawyer answers

    If I understand this, not seeing him is a condition of your probation, right? Your probation officer will violate you. You will be arrested based on that violation, and, because this is in Marion County, you will almost certainly have a no bond warrant. Which means you will not be able to get out of jail until it's resolved. You need to get an attorney who handles these asap. Assuming the "old man" is consenting to the contact, and you dont' have any other violations, an experienced attorney...

    8 lawyers agreed with this answer

  10. I had a dui in jan..i choose 6mo probation, 50hours community service, paying fines, therapy, the whole nine yards. BUT i

    Answered almost 2 years ago.

    1. David S Katz
    2. Jonathan Hackworth
    3. Thomas Klemens Almquist
    4. William David Umansky
    4 lawyer answers

    I agree with the other attorneys. The only thing I'd add is to work with your probation officer. Some of them are better than others, but s/he should be able to help you find a place to do your community service. Also, getting started on your community service and doing some of it is better than doing none of it.

    8 lawyers agreed with this answer