Skip to main content
Marci Dana Silver

Marci Silver’s Answers

283 total


  • What is the longest I can stay in Jail/prison for pawning or loosing Aaron's Rental Property?

    Hi, I have a charge against me for 3rd Degree Fraud. If I can't pay it back before my court date I go to jail or other kind of punishments. I currently had to pawn my rented items from Aarons to get my son diapers and etc, but don't have the money...

    Marci’s Answer

    It sounds like you need an attorney in your area who can advise you of the possible consequences in the local courtroom, presumably the public defender. If your family is going to have bail money, they may be better off using the bail money to pay off some of the debt to Aaron's and perhaps negotiate a payment plan to pay it back. After all that, making the argument you didn't have money but you were bonded out isn't going to look good. That being said, fraud isn't a lovely charge to have on your record but it may not necessarily have jail/prison attached. You'll have to discuss that with someone who can review your record on a "score sheet" and the charge you are actually looking at receiving as well as what judge and state attorney you have associated with your case. You may be able to negotiate the charge down. As for the hospital cashing a check when you didn't have the money, you passed a bad check knowing you didn't have the funds which is a criminal offense. They did nothing wrong by cashing a check you provided them.

    See question 
  • Should I plea gulity or not?

    I am 20 years old who came to the US on a j1 visa, a week ago I bought a suitcase for $70, and when I reached home the zipper wasnt working so I tried to return it, however they wouldn't accept it. Yesterday I went into walmart I picked up some st...

    Marci’s Answer

    • Selected as best answer

    Although we, as criminal law defense attorneys, are supposed to be advising you of immigration consequences of your plea, you'd be better off speaking directly to an immigration lawyer for a consult fee to determine whether you should enter a plea and what the plea will do to your specific visa. They will know a bit better. However, that being said, a petit theft is not a good charge for remaining in the country as it is a crime of "moral turpitude." There are some solutions that may exist to resolve this favorably but an immigration lawyer in conjunction with a criminal defense lawyer will be able to coordinate that.

    See question 
  • Charged w/ Grand theft, signed a plea deal and received 20 m can downward departure apply to reduce sen? No criminal history.

    No trial, admitted guilt, took plea in lieu of trial. Courts would not give other options regarding restitution and/ or diversion programs. During the time incident happened was medically prescribed RX for ADHD which causes behavioral changes whic...

    Marci’s Answer

    You need to contact an attorney to review for possible withdrawal of plea or appellate issues in sentencing. There are time constraints in filing appeals and motions to withdraw so do not delay and do so ASAP.

    See question 
  • Could I press charges against someone I tried to help out by lending them money but ended up getting fooled?

    A friend of mine that I known for years asked if I could help them out with some money they were short on. Me being kind I ended up helping, but then he started coming up with excuse after excuse as to why he needed more money. Like the same day I...

    Marci’s Answer

    If you are wanting to prosecute him, you should go to the non-emergency police number and file a complaint. As for money you "lent" him, that's a civil matter. Using your card to wipe out your account without permission is likely a felony grand theft even if you gave him your pin (not wise for future reference but I'm guessing you know that now). That being said, expect that he will counter with "you gave me permission." And yes, it sounds like your "friend" decided you were a sucker and took full advantage of you. You put "arrest" in quotes and I'm not sure what you mean by that, but my guess is, you will not see your money back and this guy will soon be on his way to a jail stay, rehab or prison depending on how bad his problem is.

    See question 
  • I had an drug court 'arraignment' on 8/15 and was put into a 12 month program. Who has the authority to take me out.

    May, I was arrested for the horrible mistake of putting someones bag inside my car unaware that it was over 20grams of cannabis 893.03(1)(c)7 and cntained paraphe. Talking to the officers writing the report, they believed I was set up into a trap ...

    Marci’s Answer

    You need to consult an attorney to discuss this in more detail to understand what you may face if you reject drug court. Provided what you say is true and that you have no prior history, some jurisdictions offer what is called a pre-trial intervention contract. I would also encourage you not to write anymore about the facts of your situation on this site. That being said, if you have a public defender, you may want to ask them if there are lesser alternatives to the rigors of drug court. If you don't have access to the public defender, I'd encourage you to speak with a local attorney familiar with the offers in these cases for your area.

    See question 
  • I need to register a title and get a new tag in my name I have a bench warrant, can I be arrested in the DMV

    My next court date is set in 2 weeks to resolve the warrant, but is still active as of now.

    Marci’s Answer

    I think that may depend on what the warrant is for. If it's for a traffic case, then it will show on your driving history most likely and cause a D6 suspension. If it is not for that, the DMV doesn't do a "background check" per se. It is unlikely that they will necessarily see an unrelated to traffic warrant. However, any time you have contact with a government agency while you have an outstanding warrant, there is always the possibility that someone will call in the warrant. The DMV, in and of itself does not have powers to arrest. They would have to call a law enforcement agency to seek arrest of a party.

    See question 
  • Do I have to pay this $200 civil claim?

    My 16-y-o daughter was apprehended shoplifting at Bealls. She has no previous offenses and was being influenced by a friend whose second misdemeanor this is. She'll be going through teen court and will be "judged" by kids she knows from school. I ...

    Marci’s Answer

    If you do not pay the $200, Bealls can sue you and your daughter civilly for three time the amount stolen and attorneys fees and costs making the amount considerably larger. Once they have a judgment, they may be able to garnish wages provided you would meet certain conditions of doing so. They may be able to recover their judgment when you receive your income tax refund, etc. That being said, unfortunately, $200 now will save you a lot more headache in the future if your daughter was caught red-handed. The letter you received is a pre-suit notice before they can ask for the three times the value of the items. If you have concerns as to whether there are any defenses available, you should consult an attorney.

    See question 
  • I was caught in a prostitution sting in Marion County, Florida. This is my first time ever going to jail, and I want to fight it

    It was a prostitution sting at a hotel. I specifically told her I did not want to have sex, but I would rather instead play with her breasts (I hope this helps me out). She pointed to a condom and said I must wear that, I said okay(even though I j...

    Marci’s Answer

    If this was a sting, there is a recording from the room as to the bust and it would show of what you are speaking. That being said, you need to consult with an attorney as to the evidence the state intends to show, the nuances of the conversation and the possible consequences. If the State is inclined to offer a deferred prosecution in your case because you have no history, you might not want to be so quick to decide to fight the case to full trial. In addition, do not speak further on a public forum and consult with an attorney privately where you can maintain privilege as to this case.

    See question 
  • Will I be sent to jail for failing a drug test?

    I am 20 and a month and a half ago I got caught with a small amount of marijuana and now I am in the misdemeanor diversion program in Broward, currently on probation. Although I quit smoking at the time of the incident, I understand that the marij...

    Marci’s Answer

    It is likely they will consider it a "clean date" for your testing. If you have any in your system at that time, they will likely set another test out another month to see if there is still an amount. The in office tests will show only trace amounts but when they send a sample to a lab, it will have concentrations of substances. If they are going down, you'll likely be okay. Most officers understand that there can be trace amounts left in a chronic user's system.

    See question 
  • SHOULD SOMEONE GO TO PRISON IF THEY SCORE 18.2?

    party was sent to prison for 2 years with a score of 18.2

    Marci’s Answer

    I agree with my colleagues that without more information, you can't be properly advised. You can review Florida Statute 775.082(10) and see if he met some of the criteria for someone under 22 points. It could have been by an agreement to avoid other charges if it was negotiated. If not, the Court would have had to make the determination on whether he met the criteria in the above statute before sentencing to prison.

    See question