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Nelson Fleetwood Tilden
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Nelson Tilden’s Answers

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  • If my drivers license is suspended in Florida and i move to N.C. can i get a N.C. drivers license and am i able to visit F.L. ?

    Just wondering if a can just get a brand new license in N.C. because i was told that N.C. does not recognize F.L. driving laws, and if i can would i be able to visit F.L. with my N.C. drivers license.

    Nelson’s Answer

    No. I would be surprised if NC would license you if your are suspended in Florida. You would need to clear your Florida suspension before legally driving in Florida regardless of whether you have a driver license from a different state.

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  • My friend commited 2 thefts one in broward and one in miami two 3rd deg thefts from walmart no prior its been 5 years since

    What do you think is outcome of such a case will he do prison time he has been out of country since.thefts where on thershold each one around 400

    Nelson’s Answer

    Your question is a little vague. I assume both cases are still outstanding and from two different jurisdictions from the wording of your question. Due to the passage of time and the dollar amount, It is possible to one or both could be reduced to a misdemeanor without conviction. Probation is often required if there is restitution involved. I recommend hiring a single attorney who practices in both jurisdictions to represent him on both cases. Good luck.

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  • What should I expect on this VOP?

    I committed my original crimes including aggravated assault w a firearm back in 2001. I am now facing a new trial for petty theft, trespassing , and criminal mischief. I have looked online when trying to figure out what I might score and saw somet...

    Nelson’s Answer

    You are no doubt referring to this provision of the Florida Criminal Punishment Code: "Convictions for offenses committed more than 10 years before the date of the commission of the primary offense must not be scored as prior record if the offender has not been convicted of any other crime for a period of 10 consecutive years from the most recent date of release from confinement, supervision, or other sanction, whichever is later, to the date of the commission of the primary offense."

    I would recommend that you hire a Criminal Defense lawyer to get you through this as a VOP, regardless of points assessed, often times result in extended incarceration.

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  • Can I get this case dismissed with this.

    My wife got a restraining order on me. On the orderitself she was asked if she needed to get anything from the house and she answered no. She waived her right to ccometo the house yet she showed up five different occasions and cleaned out my house...

    Nelson’s Answer

    More information is needed to properly answer your question. I will answer your question going on the assumption that you have been served with the summons to appear at the injunction hearing and the judge has yet to hear from both sides. All temporary injunctions are issued with conditions placed upon the Respondent (you). As the Petitioner, your wife is not under the same requirements but her actions may have a significant impact on whether the judge grants or denies imposing a injunction. What most of these boil down to is whether there was some form of violence or threat to do violence, whether the Petitioner is fearful that she will again become a victim violence from you and whether her fear is of immediate violence. Your information indicates that she may lack the necessary fear however, without additional information, I could not say. If you are at this stage, and your hearing is pending, you need to contact a experienced criminal defense attorney in your area that routinely handles these cases. Hope this helps. Good luck.

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  • Is it necessary to call the victim of domestic violence case to free a person from PTI?

    A person who was placed on PTI for domestic violence had completed all requirements within three months. After three months the case was sent to the prosecutor and asked if it can be closed. Prosecutor called the victim and the victim denied to ha...

    Nelson’s Answer

    The short answer to your question is yes, the State Attorney has the authority to refuse to early terminate PTI. Many jurisdictions do not allow early term in any type of case. Domestic Violence cases are one of the trickiest to achieve a early termination due to victim input. While the victim does not control the case, the State always wants their input. Your best option may be to contact a attorney in your area to determine whether it is in your best interest to engage counsel to assist you. Otherwise, ride out the time.

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  • I got a criminal traffic citation. I couldn't afford to pay the court cost. Will a warrant be issued for my arrest?

    The time has passed for me to pay for the court cost. What will happen?

    Nelson’s Answer

    Since the time has already passed that the judge has given you to pay court costs, it is very likely that the judge has instructed the clerk to issue a D6 suspension of your drivers license. It may be helpful for you to contact the judge by letter explaining your financial circumstances in hopes of lifting the suspension and allowing you to pay the court costs over time

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  • Is the defendant warned of a motion to revoke bond? Or do they file a motion send it to the judge to revoke bond?

    A friend is on bond and attempted to assault his victim again at his moms home. He tried to break the victims window by punching the window and broke his hand in 3 places.

    Nelson’s Answer

    It will depend on whether your friend is in custody currently or not. If he is out of jail, typically the State Attorney will file a motion and set it for hearing. Judges will typically grant such motions however the defendant is eligible for a new bond. Since this is a new charge with the same victim, don't be surprised if your friend will be denied bond or alternatively released with additional conditions such as GPS monitor.

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  • Got pulled over for possession of marijuana (very small amount) and got a PTA. What's going to happen?

    I got pulled over and immediately got asked for my license and if I had drugs so I cooperated and gave him what I had which was less then a gram(marijuana) and also received a ticket for my tinted taillights. I don't have money for a lawyer so I w...

    Nelson’s Answer

    You will be required to appear at your Arraignment unrepresented and will likely be offered a plea deal at that time. You want to be careful in the resolution being offered since a conviction will not only stay on your record without the ability of expungement but you may also be subject to a driver license suspension due to the nature of the charge. You may want to request the court appoint a Public Defender to help you through this.

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  • Is there legal action I can take against my spouse because she lied in order to get a restraining order injunction against me?

    My wife lied in the Domestic Violence - Stalking hearing which actually resulted in the judge granting a 6 month restraining order injunction against me. I plan to get the transcript from the hearing and I can prove that she lied. If there is le...

    Nelson’s Answer

    • Selected as best answer

    Assuming that her lie was instrumental in the judge's decision to impose the injunction and had the truth been known at the time of the hearing the result would have been to deny the injunction, I would recommend obtaining legal counsel to have that injunction revisited and removed. Injunctions are a nasty device that will preclude you from living a normal life. If you have suffered economically/financially due to its imposition, you may have a civil cause of action against her as well. To make the civil avenue worth while, she will need to have something of value going after otherwise it may result in additional expenses on your part.

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  • PTI and misdemeanor which is better ? and How to write a PTI letter for acceptant?

    was charged with grand theft. However, due to great records and since I have never been into trouble before I was granted both options. I Do not know the difference between either.

    Nelson’s Answer

    While I agree with the answers previously given, there may be other factors to consider. While successful PTI completion will lead to the criminal charges being dismissed, it may take a significantly longer period of time to complete the supervision period and conditions of PTI depending on what was offered as a alternate resolution. I have had a few clients in the past decline PTI because they felt they could not devote the necessary time to successfully complete the conditions which if true would wind them back on the active prosecution docket. With that being said and all things equal, PTI is the better option.

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