Skip to main content
Mark H Randall
Avvo
Pro

Mark Randall’s Answers

1,710 total


  • Does a trial judge have to give a reason/opinion for the denial of motion for new trial and can it be raised on direct appeal?

    Trial counsel turned in a timely motion for a new trial. At sentencing hearing about 2 months later, judge was not even aware that he had a motion for a new trial. It was when the trial attorney asked about the motion that the judge looked it up a...

    Mark’s Answer

    Judges usually deny motions for new trial. There are time deadlines for appeal. You need to contact someone with knowledge of criminal appeals. This is a specialized area of the law. Find out where the appeal is and its status.

    See question 
  • What Jury Instructions and Lessers Should Be Read for Attempted Robbery with a Firearm and Aggravated Assault with a Firearm?

    My son was charged and convicted of attempted robbery with a firearm and aggravated assault with a firearm. Robbery instructions were read first, in addition to other instructions including the attempted robbery instructions. Then petit theft ins...

    Mark’s Answer

    This question calls for a very detailed answer. You can consult the standard Florida jury instructions, or a private attorney with access to those, or better yet, your son's attorney since he knows the case better than I do.

    See question 
  • Im trying to figure out what to do

    Ok, so Tuesday morning i was arrested for a DUI, but i wasn't even driving. i was passed out in my truck while the truck was running, but parked in a parking lot. I got out 8 hours after processing on ROR. I'm not even sure what that is. I have he...

    Mark’s Answer

    All great questions. Some of your friends do not know what they are talking about. You should consult with an experienced attorney. You do have several options which need to be explored.

    See question 
  • Can you get 15 to 25 years on a vop for not finishing paying your fines I was told that

    If you didn't finish paying off your fines in restitution can you get 15 to 25 years,for that if you haven't been in any trouble or caught no new charges

    Mark’s Answer

    It use to happen. However, I haven't heard of it happening in a long time. It sends on the judge and how much you owe and your individual circumstances. Try your best to get close.

    See question 
  • My son got charged with: PC/VOP GRAND THEFT , DEPRIVE USE OF 911, BATTERY COMMIT DOMESTIC BATTERY BY STRANGULATION.

    His bond for 2 of those is a total of 10,000. What can I do now?

    Mark’s Answer

    These are very serious charges. If I understand your question correctly, he has a bond for both the new law charges and the VOP. If that is true you should bond him out. Most of the time there is no bond for VOP. In any event you should engage the services of an experienced criminal defense practitioner in the jurisdiction where the charges originated.

    See question 
  • Arrested and at trial a detective starting giving expert opinions, can I appeal?

    the detective gave a download analysis from a memory card and was telling the jury all about computer code and this and that to show the it wasnt altered, the public defender objected saying he wasnt an expert, the cop didnt even have a college de...

    Mark’s Answer

    It is always up to the judge to decide what evidence is admissible. If the defense attorney thinks the judge is incorrect, an objection should be made. It is hard to give a definitive answer since I wasn't there. It might have made a difference in the jury's mind. Sometimes appeals courts find error but call it "harmless."

    See question 
  • What happens if I am charged with over a dozen different crimes at once, but only three of them, they have actual evidence of?

    can i get the other charges dismissed, while fighting the three that they actually have some proof of? they are basically stacking charges against me to take a crappy plea deal. Most of the charges, even on there facts there is no evidence. i kno...

    Mark’s Answer

    Hire an experienced Seminole county attorney.

    See question 
  • Can I possibly take my case to court and get this charge dropped?

    I was brought back from the early parking lot of Wal-Mart back into the store into loss prevention office and all my things were searched. The loss prevention guy was extremely demanding, controlling, and verbally cussed at me asking about the sto...

    Mark’s Answer

    Sounds like you have defenses. Talk it over with your attorney.

    See question 
  • Is it ineffective if the trial attorney did not object to redacted video going to jury room or a judge's error suggesting it?

    The judge allowed the video to go to the jury room during deliberation, even though her earlier instruction were that the jury had to watch the video in the presence of the court. The jurors did not ask to take the video with them only if they cou...

    Mark’s Answer

    This is a difficult question to answer since I don't know what was on the video. I presume you were found guilty. It might have been strategy on the part of your attorney.

    See question 
  • Am I allowed to temporarily leave the state of Florida while I am on PTD for a misdemeanor?

    I would like to know if I am allowed to temporarily leave the state to visit my family in California. My birthday is coming up next month and I would want nothing more than to be able to see my family. I would only be gone for 6 days. If I am able...

    Mark’s Answer

    You need to ask your po or get permission from your judge. Ask your original lawyer

    See question