You were probably cited for Avoidance of Traffic Control Device. In this situation, you were supposed to wait in the long line of cars, and then turn right when you got to the front of the line, with a green light. I would suggest that you request a hearing so that you can explain to the Judge or Magistrate what happened. With a clean driving record such as yours, it is likely that the Judge or Magistrate will withhold points, even if you are found factually guilty of committing the...
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The answers above discuss the Florida Rule of Criminal Procedure 3.134 which governs how long an individual may be held in custody after an arrest before the Court is compelled to release the Defendant on their own recognizance after hearing, if the State does not press formal charges. Rule 3.134 - in reference to a Recognizance Release upon the State not timely filing formal charges, does NOT mean that the case is dropped. Your question seems to indicate that you want to know how long...
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In Florida, you can potentially also be charged with the same felony charge, but as a principal to your son's actions - under the theory that you are aiding or abetting your son in the comission of the act. Geoffrey R. Mason http://www.lawfl.net
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There are a number of firearms charges -- improper display of a firearm, possession of a firearm by a convicted felon, possession of a firearm during the commission of a crime, possession of a concealed firearm, aggravated assault with a firearm, etc. For an arrest to be made by the police, they have to have probable cause to believe that a person indeed committed a crime. In Florida, witness testimony can be used as substantive evidence in Florida. Police can come to the conclusion...
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In Florida, the age of consent is 18. In Florida, however, individuals 23-years-old or younger may have legal sexual activity with individuals aged 16-years-old or 17-years-old. In Florida, it can be charged as a felony for a 16-year-old to have sexual intercourse with a 14-year-old. Geoffrey R. Mason http://www.lawfl.net
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The answer is no -- if your housemate has their own locked room to which you have not been given permission to enter, you would indeed not have a right to consent to a search, and certainly not over their objection. Depending on the county, most petit theft misdemeanor supervised probations would not include a probation officer wanting to search your roommate's room for any reason. I would suggest that you start right away on all of your special conditions of probation so that you have...
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Yes, you certainly should consult an attorney in your area in the very near future - for civil traffic citations, such as the illegal left turn, you only have 30 days in which to respond to the citation. In Florida, both filing a false crash report as well as leaving the scene of an accident with property damage are 2nd degree misdemeanors, each punishible by up to 60 days in jail, and/or $500 fine. You may also receive violation points against your driver's license (6 points alone...
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In Florida, indigent clients are generally appointed the Office of the Public Defender and get an attorney who is a full time criminal defense lawyer employed by the Office of the Public Defender for that judicial circuit, and who specifically appears, and has extensive experience against the prosecuting attorneys, in the county where the case was charged. There are times when the Office of the Public Defender has a conflict of interest in representing a defendant -- for example, if there...
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You should indeed ask his defense attorney for a copy of the scoresheet so that you can understand how the prosecutor is coming to thier decision about a plea offer. It is important to note that the prosecutor does not have to make a guideline score plea offer, nor even any plea offer whatsoever. So you can see how the Florida Criminal Punishment Code Scoresheet is handled, you can look at the preparation handbook here: http://www.dc.state.fl.us/pub/sen_cpcm/ Geoffrey Mason Schackow,...
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The probation officer will file an Affidavit of Violation of Probation based on the new charges of the DUI. When the Judge receives the Affidavit of Violation of Probation, she or he will either issue a notice to appear or a warrant/capias for your fiance's arrest on the Violation of Probation on his probation case. Your fiance needs to let his probation officer know RIGHT AWAY that he was arrested for a DUI. Your fiance should quickly get screened and start substance/alcohol abuse...
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