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David S Katz
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David Katz’s Answers

266 total


  • Do I need a criminal law attorney to represent me? Should I continue to talk with investigators?

    I have been questioned as a witness to a murder investigation. They have asked me to take a polygraph ( I refused) and now they are threatening to subpoena me for the trial. There is some indication that the defense may try to use me as the "rea...

    David’s Answer

    If there is any chance you may be implicated in the case you should definetly hire a lawyer to represent you and immediately stop talking with the police.

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  • Does wrong information on a blood test sheet make it unusable in court?

    If you are charged with a DUI and the document for your blood sample with your information is wrong (e.g. Birthday is off by the month, day and year, eye color, height and weight) could that get the blood test thrown out?

    David’s Answer

    Although some wrong information on the report will not automatically make the test result unusable, a good defesne attorney can use that misinformation to attack the reliability of the result. Further, wrong information can be used to call in to question whether it was the defendant's sample at all. Some minor typographical errors occur sometimes and results are not automatically unusable. Hire competent counsel to help build your defense with this as one of many issues used to create reasonable doubt. Good Luck.

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  • If i was to violate probation?

    Im on probation and i crashed my friends car a couple of days ago driving with out lisence and i fled from the accident and my friend said my name, should i be worried that their looking for me, did i violate, what can happen and how do i get out ...

    David’s Answer

    As you already knew, driving without a license is a violation of your probation, so is fleeing the scene of an accident. Yes, you are probably in trouble and they are probably looking for you. Call a local lawyer. Good Luck.

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  • Must i have a interlock device installed, it was not court ordered. (2nd. dui outside 5yrs)?

    dmv says 2yrs. interlock system,fr=44 3yrs. even through i had insurance at the time of arrest.

    David’s Answer

    Yes, the law requires it on all second offenses.

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  • I'm on probation but want to appeal it How do i

    Basically pled guilty to a dui charge I wasn't guilty of now I figured out some facts that should brought up in court and wasn't I just started my probation can I do anything about this

    David’s Answer

    Generally, when you enter a plea, you give up the right to appeal all issues except the legality of the sentence and the jurisdiction of the court. If your plea was taken correctly, it is unlikely that this "new information" will help you withdraw the plea. Talk to a local lawyer about the facts. They can review the information you were given during the plea (known as the plea colloquy.) to ensure that you were informed of the rights you were giving up and the effects of the plea. Good Luck.

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  • Being charged DUI over .15 or higher and with one prior

    What are the possible penalties being charged. This would be a 3rd DUI but my first one was over 18 years ago when I had no counsel and plead no contest. My 2nd DUI I had counsel back 7 years ago where I was ajudicated guilty. Could this mean t...

    David’s Answer

    Get a great lawyer who knows what he is doing. They can and hopefully will charge this as a felony DUI. a third offense within 10 years of a second is a felony in Florida. Do not let them know the first was uncounselled until after 90 days has past from arrest and do not waive speedy trial under any circumstances. After 90 days have passed, file a motion to dismiss the felony DUI based on uncounselled prior plea. Then when they try to refile as misdemeanor, file a notice of untimely file based on expiration of speedy trial and watch that case be dismissed also. Please note, a local attorney who knows all the facts of the case will be able to advise you if this stragey will work for you based on the facts of your uncounselled plea. The plea must be uncounselled and you must not have waived your right to counsel on the record. I have used the strategy several times. If you are interested, I would be willing to co-counsel the case with local Tampa counsel and can recommend who you should use if you would like to contact me. 321-332-6864

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  • Do i need an lawyer?

    i was walking to the front door of walmart where the carts are with my cart half full of merchandise, i wasnt done shopping but am disabled and needed to get a motorized cart. walked up to the woman next to the carts and started asking her if she ...

    David’s Answer

    People often ask if they need a lawyer when facing criminal charges. The answer is absolutely yes. A lawyer knows the rules of evidence and also knows how to help you not say the wrong things. Trying to go this alone is a mistake that could turn a matter that might have been dropped into a criminal conviction. Hire a good local lawyer. Good Luck.

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  • I was denied termination of probation

    My p.o. Officer asked for my release early, after serving 17 of 24 months. All I received was a denial in the mail. My probation officer said she did not know why the judge denied it. Should I try again next month for early termination?

    David’s Answer

    You have nothing to lose by asking. On the other hand, if an attorney files the motion for you instead of the PO, the attorney can likely get hearing time and argue for early termination on your behalf. Good Luck.

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  • I was just given a ticket and arreested for a DUI in Florida. I do travel for fwork internationally. Is it Ok ta tavel

    while a am awaiting a court date? Are any problems when re-entry. I am a US Citizen. Thanks,

    David’s Answer

    Unless you were told you could not travel, traveling during pre-trial release is usually not a problem. Good Luck.

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  • I have I dui arrests in fl and lost my driving privileges but have a mich drivers license can I still drive in mich

    Mich I lost my license

    David’s Answer

    Most states do not recognize other state's administrative suspensions, however, if you were convicted in court of a DUI, all states will recognize a court ordered suspension. Repost this with a Michigan address to attract the attention of attorneys who practice in Michigan to get specific answers for the State of Michigan and it's licensees from an attorney who practices there. Good Luck.

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