Skip to main content
Amanda Marie Sampaio
Avvo
Pro

Amanda Sampaio’s Answers

54 total


  • My husband has been in county waiting 6 months to handle his VOP in orange county and they want to delay victim case?

    his po just wants him to attend a class thats all, not prison...the prosecutor says this is a victim case and has to be set out at least three weeks from arraignment...my husband robbed a 7/11 many years ago and he paid his price by being in priso...

    Amanda’s Answer

    A victim can be anyone that suffered any type of harm as a result of the criminal act. The harm can financial. The state has to allow the victim a chance to be heard on possible sentences. Most of the time they don't get ahold of them but that is the reason for the delay.

    See question 
  • I'm a sophomore in college and was caught stealing groceries from walmart. I don't have any priors, should I plead not guilty?

    I'm 19, and a sophomore at a university, and I was caught stealing grocery items (just milk, food, and things like that) from walmart. I was brought to a room and later cuffed by a cop who took my prints and information and banned me from that wal...

    Amanda’s Answer

    Never take legal advice from the cop who arrested you. You may have defenses and you should not plead guilty until you speak to an attorney. This is something that can affect you for the rest if your life. If you have any type of theft charge on your record it will be very difficult to get a job. I suggest at least setting up a consultation. Many lawyers offer payment plans.

    See question 
  • My husbands bond was revoked in a felony mischeif csase for a new arrest of domestic misdemeanor battery? I need a lawyer?

    my husband was arrested a few months ago for felony mischief and bonded out, he recently got arrested for misdemeanor battery on a girlfriend of mine. the situtation was blown out of proportion and she doesnt want to prosecutre and is willing to s...

    Amanda’s Answer

    The answer is "it depends". If a person is out on bond and they are arrested on a new charge, they can be denied bond. It is possible to get a new bond but it may take some work.

    See question 
  • Divorced from exhusband but never included home in divorce due to foreclosure but recently found out foreclosure was canceled...

    what to do he will not respond to this mater..still own home..

    Amanda’s Answer

    I agree with the other attorney. More information is needed.

    See question 
  • My friend is getting charged with fraud-swindle-obtain property under 20k, his first offense, he's 17, state of FL. Jail time?

    Hey, I was wondering if my friend with get jail time, it's his first offense EVER, and he's 17 years old. He's being charged with fraud-swindle-obtain property under 20k.

    Amanda’s Answer

    Jail time is possible but unlikely based on what you have said. There are other serious consequences he should be aware of, however. He does not want to end up with a felony on his record.

    See question 
  • Public defender hasnt done anything

    I am facing a DUI charge and It was a case where I wasnt driving , I wanst even in the car and car was off , Cop heard I was driving, any way My PD hasnt even asked or presented an offer to prosecutor. its been 60 days or more weve continued, I do...

    Amanda’s Answer

    Depositions are not allowed in misdemeanor cases unless there are unusual circumstances and the Judge allows it. DUI cases can be time consuming so you may want to hire a private attorney if you are not happy with your PD. Your attorney should be able to waive your appearance at most hearings but you will need to be present for the trial call. If you hire an attorney they should be able to get the case continued unless the case has been continued several times before.

    See question 
  • Do I qualify for seal or expungement?

    2 years ago i had a first offense petit theft misdemeanor where i pled no contest in seminole county. After some fees, community service, and anti theft course, the judge 'withheld adjudication'. I am currently a nurse and undergo FBI background c...

    Amanda’s Answer

    Yes; most likely. There is a way to get a free review from FDLE to find out for sure. Then you will have to pay a fee to FDLE to get a certificate of eligibility. The final step is to get the judge to sign off on it.

    See question 
  • I got a dui in 2009, I have the dui class certificate , and still says FAIL TO COMPLETE SUBS ABUSE TREATMENT

    what is this . more money going to a treatment class. I was told that I didn't need but to complete the class and pay the fines. its been over 4 years, how can I get this takin care of quick fast and in a hurry

    Amanda’s Answer

    The DUI class is different than "treatment". Like the others said, go to the DMV and ask the exactly what you need to do and just do it. You probably were supposed to attend counseling - they make almost everyone do it even if they don't actually have a drinking problem.

    See question 
  • Can i get deported two felonies/false imprissonment/ assault w/weapon and doemstic violence she is not gonna press charges ?

    been here 9 years have a 9 month old baby. she will not press charges, can i get deported if they do not charge me?

    Amanda’s Answer

    This is both a criminal defense and immigration issue. Just because "she" does not want to press charges that does not make the case go away. The State/prosecutor is the one with the power to press charges or not. They can and will pressure her to cooperate. You need an attorney ASAP.

    See question 
  • Can I seal/expunge an arrest in which the charges were dropped considering I was convicted of a reckless driving?

    I have a charge from 2008 that is preventing me from getting a job. Can I expunge this arrest considering in 2009 I was convicted of a different charge (reckless driving)

    Amanda’s Answer

    You can expunge the case that was dropped if you have no other actual convictions. It would be worth talking to an attorney to check out your record to see if you qualify. Many people do not fully understand the difference between being convicted and having adjudication withheld. In other words, some people mistakenly think they were convicted when in fact they were not.

    See question