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Marci Dana Silver

Marci Silver’s Answers

259 total


  • VOP Hearing

    I have a VOP Hearing coming up. I was violated on an issue in another County. That other County is going to dismiss the violation that was the genesis of the VOP. That said, can my VOP Hearing be rescheduled, because other charges will be dismisse...

    Marci’s Answer

    A VOP hearing is separate from the new law allegation and it's possible that the dismissal won't make any difference to the hearing. In order to do the VOP hearing, the State must put on evidence that satisfies the conscience of the court that you violated. That testimony can not be entirely built on hearsay statements which will require them to introduce the witnesses to the offense. You may want to discuss with your attorney (if you have one and you should if you don't) getting a continuance to be able to advise the court or the State of the dismissal but the State could choose to go forward regardless as there is a different burden of proof in a VOP.

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  • What is the punishment for VOP on 2 3rd degree felony & 2 misd new charges 3rd deg felony & 1 misd

    In 3/10/2010 she was put on probation for 2 3rd deg felonys 1 LEO & 1 restisting arrest & 2 misd 2 domestic battery and recently she broke probation which she has 2 VOP w/o bond and is charged with 1 3rd deg felony domestic child neglect & 1 misd ...

    Marci’s Answer

    It seems you need to have an attorney review all of this for a score sheet to determine which cases were actually pled to and which ones should be scored. It does not bode well for her in a violation of probation containing new allegations similar to the ones for which she already pled. Hire a competent attorney to review the case and determine if there are underlying issues which need to be presented to the Court on her behalf.

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  • Is it legal for the cops to come inside you house arrest you, because they been call that there is a fight in the house?

    i was at my father's when my ex-girlfriend came over and started a fight with me. so they called the police , while i was inside the house, i saw 4 to 5 officers gun hands coming in without my consent, and arrested without ask me any question. is...

    Marci’s Answer

    I'm thinking there might be more to the story here. Officers are not allowed to enter into your home for a misdemeanor offense they didn't personally witness. That being said, there are some exceptions for domestic violence and it is unclear to me what she claimed to law enforcement. You are correct, however, that a warrant is generally needed unless there is an imminent threat of physical danger or destruction of evidence. Call a local attorney to discuss your issues further.

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  • I am 17 and was arrested for auto burglary of an unoccupied car two counts which are felonies. One misd for petty theft

    This is my first charge even though I was arrested and let go a few weeks ago for possession. I was let go.

    Marci’s Answer

    You need to consult with an attorney in your area who can assist you in the case and advise what evidence the State has against you. As a first time felony offender, you are likely to be cut somewhat of a break but it also is important to try to keep your case in juvenile court. At your age, it is possible for the State to "direct file" to adult court where you can be facing more severe sanctions which might cause you problems later in life. In discussing this case with an attorney, make sure to bring up all issues you might have such as immigration, job prospects, college, etc so the attorney can address them for you.

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  • Is there anything illegal about gifting.

    I'm considering joining a gifting group where we invite people to join and I don't want to be involved if there's the slightest chance of it being illegal.

    Marci’s Answer

    • Selected as best answer

    If you don't want to be involved because there's a slightest chance of it being illegal, I would say don't join one. I don't think that gifting groups are illegal necessarily but several of them may contain illegal behavior or prey upon well meaning people. It seems these are pyramid schemes generally and may not be legitimate in many cases. If it something you are still interested in doing, do your homework and if something seems to good to believe, it generally is.

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  • WHO REQUESTS A SPEEDY TRIAL PROSECUTER OR DEFENSE

    I LOOKED ON CLERK OF COURT AND NOTICED THAT MY HUSBAND HAS A UP COMING TRIAL DATE IN THREE MONTHS AND BEEN INCARCERATED ONLY 45 DAYS, WHO WOULD REQUEST THIS,DOES THIS MEAN IT'S PRETTY MUCH CUT AND DRY?

    Marci’s Answer

    Speedy trial is the right of the accused and the accused can waive his/her right if it is in their best interest to do so. The attorney handling the case can request a continuance should there be a need for it to preserve your husband's rights of due process. Speedy trial is usually waived in most cases so that the accused can obtain more information in his/her defense.

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  • Stop offensive flyers in community?

    Despite posted warnings, a local religious organization regularly distributes offensive post card on doors in my apartment community. What can my community manager and/or I do about this? There is no permit or postal mark on their post card. Are ...

    Marci’s Answer

    You have to give notice for trespassing. You or the community manager can put up signs in the neighborhood that state that solicitation is prohibited. In the alternative, you can place a sign up at your door which says that solicitation is prohibited. You may wish to review the ordinances for your city and county to see if there are any other restrictions. Freedom of speech only goes so far if you don't wish to be contacted.

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  • How do I submit a request for a fourth bond to be set for an inmate?

    Is the attorney the only one that can do so?

    Marci’s Answer

    If you already have an attorney, the attorney is the only one who can file anything with the Court or it will be stricken. Unless there are good grounds to file a fourth bond reduction motion, which I am assuming what you are asking, the attorney will likely not file one. You have to have new grounds to file a new bond motion.

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  • When we were arrested, all of our cases were assigned to one judge

    Now all of our cases have been reassigned to another judge. Is the state stacking the deck, because this judge is hard on our alleged offense's. or is this just the way it works this is a florida case.

    Marci’s Answer

    My understanding is that the State picks the lead co-defendant so when the divisions are split by alphabet, the lead co-defendant picks the judge you're in front of. It's a very sneaky way that the State judge shops. To my knowledge, no one has challenged this ability of the State to do this and I don't know of any way to prevent it. Don't get in trouble with someone who's last name begins with a letter in the hardest judge's division...

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  • Are there any mitigating circumstances that would allow me to be guardian for my 29yr old Downs Syndrome sister.

    I have had felonies due to substance abuse but have completed an intensive substance abuse program and have been clean and sober for almost 5 yrs! I have documentation! I have lived and cared for my sister all her life and been caregiver for both ...

    Marci’s Answer

    It sounds like you have to go through a guardianship application to be considered. I don't know the specifics on the law here and you might want to re-post this to a guardianship/probate/family law section. You can also consult www.flcourts.org for some family law forms and self help information. Good luck!

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