Eric J Trabin’s Answers

Eric J Trabin

Winter Park Criminal Defense Attorney.

Contributor Level 19
  1. Does hiring a private attorney for a criminal case vs using a public defender do more things for the case?

    Answered over 1 year ago.

    1. Colleen M. Glenn
    2. Eric J Trabin
    3. Deanna Elaine Ebanks
    4. Amber Hill
    5. Frank Mascagni III
    6. ···
    6 lawyer answers

    It doesn't quite work like that. There are some good public defenders and bad public defenders. There are some good private attorneys and some bad private attorneys. Public defenders are actual attorneys. The problem one faces with having a public defender is that a PD's caseload is huge. While you might have a great PD, they don't really have the time to give you and your case the attention you feel you deserve. Private attorneys do have a lot more time to devote to your case and so it is...

    22 lawyers agreed with this answer

  2. My son was arrested in Orlando on 12/29 & date was set for 1/18, he is in rehab and missed the court date, what should he do?

    Answered over 1 year ago.

    1. Ernest L. Chang
    2. Brett Nicholls Metcalf
    3. Sherry Gale Ivey Jones
    4. William David Umansky
    5. James W Chandler
    6. ···
    11 lawyer answers

    He needs a lawyer to speak with the court and State and inform them that his failure to appear is not intentional. The capias is a bench warrant and the judge can set it aside if his lawyer gets the proper motion filed. It is not enough to call the judge's assistant, a motion must be filed. It helps to deliver a copy of the motion and order to the judge's assistant. My office is in Orange County and am a former prosecutor. Please feel free to contact my officer and I would be happy to...

    19 lawyers agreed with this answer

  3. I am crafting a personal injury settlement demand letter. May I include that if I hire an attorney demand amount may increase?

    Answered about 2 months ago.

    1. Eric J Trabin
    2. Zaheer A Shah
    3. Joseph John Bernardo
    4. Heather Morcroft
    5. Danielle K Graham
    6. ···
    13 lawyer answers

    You may include whatever you want but it doesn't mean that it will help you. I suspect the party you are sending the letter to isn't going to be all that concerned by your letter. First of all, the insurance company (presumably you are sending it to the insurance company) deals with these letters all the time from attorneys, so the legal counsel that reviews your letter is going to assume you were unable to find an attorney. Moreover, you probably don't know the law and what you are able to get...

    18 lawyers agreed with this answer

  4. 1. when an unmarked police car pulls behind me and turns on his blue lights am I required to pull over? What law says I do?

    Answered over 1 year ago.

    1. Eric J Trabin
    2. Mark H Randall
    3. Robert Jason De Groot
    4. John S. Castro
    5. Stuart M. Address
    6. ···
    6 lawyer answers

    The lights and sirens announce it is a law enforcement officer and require you to pull over. It is certainly not voluntary and consensual. If you are pulled over, by a marked or unmarked police officer, you are not free to leave and therefore the officer requires an objectively reasonable basis to do so. Stopping you without a objectively reasonable basis can result in any evidence obtained being suppressed. Of course, if you do not pull over you could be charged with resisting an officer...

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    1 person marked this answer as helpful

  5. Got convicted of a DUI and I need to get it reopened or dismissed. Wrongfully charged and plead guilty because I was young.

    Answered over 1 year ago.

    1. Eric J Trabin
    2. Christopher Robert Dillingham II
    3. Andrea Nichole DeMichael
    4. Roger P. Foley
    5. Jason M. Melton
    5 lawyer answers

    This probably doesn't rise to the level to vacate a sentence. When you entered a plea, the court was required to go through a colloquy to determine whether you were knowingly, intelligently, and voluntarily waiving your rights to counsel and to plead not guilty when you took a deal. If the court didn't then you may have a good basis to vacate the sentence and withdraw the plea. An attorney can help you with that. You can obtain a copy of the original police report to provide for the facts of...

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  6. Criminal defense

    Answered about 1 year ago.

    1. Seda Aktas
    2. Eric J Trabin
    3. Brian Frederick Greenwald
    4. Marci Dana Silver
    5. Nick Jay Dorsten
    6. ···
    12 lawyer answers

    Misdemeanor battery is punishable by a maximum of one year in jail or one year of probation. In Florida, the decision whether to prosecute or to drop charges rests solely with the State. While a victim has the right to give input, it is not up to the victim to "drop the charges." Hire a criminal defense attorney to fight your case. Good luck!

    17 lawyers agreed with this answer

  7. What happens next if my spouse refuses to serve the divorce papers or responses with 'NO' answer within 20 days?

    Answered 11 days ago.

    1. Eric J Trabin
    2. Markus Ankuan Sermons
    3. Michael Charles McGinn
    4. Matthew Brian Podolsky
    5. Lisa Marie Vari
    6. ···
    7 lawyer answers

    Then the case proceeds. She can't prevent the divorce from happening simply because she doesn't agree. The case will likely be required to go to mediation and usually an agreement in struck. If there is no agreement at mediation then the case moves on, ultimately to trial if necessary. Do yourself a favor and hire an attorney to handle this for you. It's going to get messy.

    14 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. My sister went to court for the last two days, they postponed her case, something about witness not showing up, is that legal?

    Answered 12 months ago.

    1. Eric J Trabin
    2. Dean George Tsourakis
    3. Brian Robert Dettman
    4. Mark H Randall
    5. Aaron Scott Hill
    5 lawyer answers

    Yes it is legal. The court has the ability to continue a case, however it really depends on what happened. If the case has been actually in the process of a trial then I highly doubt the judge would continue the case because the witness didn't show up. A judge isn't going to keep members of jury for days and days on a DUI case because a witness isn't there. The judge might continue the case if the case is called and before the trial starts the State asks for a continuance. Or it could be that...

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  9. How do lesser included offenses work in criminal law?

    Answered about 1 month ago.

    1. Eric J Trabin
    2. Christopher Robert Dillingham II
    3. Robert Jason De Groot
    4. William Jordan Steed III
    5. Osa Jackson Harp IV
    6. ···
    6 lawyer answers

    Lesser included offenses are all of the possible lower charges that are encapsulated by the crime charged. So a charge of first degree murder could also include second degree murder, aggravated battery, and so on depending upon the facts of the case. Prosecutors can and do add additional charges that are also lesser included offenses. If the defendant gets convicted of both then generally the lower offense is dismissed as double jeopardy and the defendant is only sentenced on the highest crime...

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  10. What is supplemental discovery mean?

    Answered over 1 year ago.

    1. Eric J Trabin
    2. Jackson Keith Hilliard
    3. Marci Dana Silver
    4. Majid Vasigh
    4 lawyer answers

    Discovery is evidence that is required to be disclosed to an opposing party. Supplemental discovery is when there is additional evidence that has been provided to the other side, after the initial discovery. Sometimes supplemental discovery is another witness statement, an additional report, photos, recordings, and such. In all likelihood, one the parties (usually the State) provided supplemental discovery to the opposing side and provided a notice to the court to reflect that the additional...

    14 lawyers agreed with this answer