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David S Katz
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David Katz’s Answers

266 total


  • Why does the DMV count a withhold on a DWLS as a conviction, can they do that?

    My understanding is that a withhold of adjudication means I was not convicted. The DMV is saying that it is a conviction for labeling me as a Habitual Traffic Offender in 2009.

    David’s Answer

    I agree with Mr. Ladan, however I would add that many judges will allow you to withdraw older pleas especially on civil infractions to avoid habitualization. You should speak with a local attorney for advice to see if you can get the habitualization removed. Good Luck

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  • Is there precedent for a lawsuit if someone had an expungment but a simple search was able to give every detail of the incident.

    I paid hundreds of dollars to have an arrest expunged/sealed. I have all the paper work and proof of the expungment. This took place in '09. Two days ago I did a free simple search of my name and up popped my mugshot and all the details of my arr...

    David’s Answer

    Unfortunately, the State of Florida sells your mugshot and records to private companies who are not bound by the sealing or expungement. Sealing and Expungement are methods to remove your records from government agencies. These private companies are not legally bound to remove your records ever. That said, most of these companies have a procedure to get your information removed from their site (you must pay them), if your record is sealed or expunged. I disagree that you would have grounds to sue if they do not remove the record as previously stated, but since these companies are in business to make money, they usually will take down the information for payment of their fee. Good Luck.

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  • Can i still pay the rest of my restitution for the pti program before going to court even though my time is up in the program ?

    ive been in the pti for three years i had money problems so i kept getting exstentions now my time is up last appointment is next month ive done everything except pay all the money can i pay the rest before going to court or should i just wait.

    David’s Answer

    If they will take it, pay it. You will put yourself in the best position by having it done. Good Luck.

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  • Is there a minimum mandatory sentence for a second felony habitual DWLS charge?

    this individual has three prior convictions for DWLS and now two habitual DWLS charges for a total of five charges. is there a specific sentence that would be imposed?

    David’s Answer

    No, but a maximum of up to 5 years in prison.

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  • I received a "no Action" in my court case what is the following action i should take?

    it was for a felony case

    David’s Answer

    No action is likely the same as No Info, which means the state is not going forward on the charge. If you have no priors you can get the arrest expunged from your record. Good Luck

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  • My daughter was given a ticket for selling a cigar to a minor while working at a mini mart. what kind of penalties there

    should i hire a lawer to go to court with her? She is 20 years old and im not sure how this will affect her future

    David’s Answer

    I never recommend going to court alone. Hire an experienced attorney to help. Although your daughter is facing up to 60 days in jail and up to 6 months on probation, it is very likely that a local experienced attorney can get her a diversion program for a first time offense, avoiding a criminal record. Good Luck.

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  • Is it legal in the state of Florida at 15 to not have sexual intercourse but also do more than kissing with someone 18

    because ..............

    David’s Answer

    It is not legal for an 18 year old to have "sexual contact" of any kind with a 15 year old.

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  • Ocoee,fl is where it happened but I live in ocala, fl

    Can. I do the diverision program in my town ocala, fl? The cops did a report buut ii was never arrested. I got a letter from wallmart today said I owe 200 dollars. When will I get a court date?

    David’s Answer

    You posted this question under DUI. I am transferring it for you to criminal law as is seems to be a petite theft question. Good Luck.

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  • How do I reseach DUI cases in Broward County , FL. that have been won. Im leaning toward going to trial.

    Before I make the descion to go I would like to research the possiblity of a win. I wasnt to see case that are like mine that have bee reduced or dismissed. I really think my attorney can do this but I really want to be a big part of my case. Also...

    David’s Answer

    A jury decides guilt or innocence. To learn more about the judge's sentencing ask your attorney. I understand the desire to be part of the case, but advise that you let your lawyer do his or her job. You do not help your brain surgeon perform the surgery. Be available for your attorney and follow their advice. If you do not have faith in them, get another attorney.

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  • Tomorrow is my first court date not sure what to plead to get a public defender for a petty theft charge.

    I have never been arrested for this before and im pretty scared. Would I still qualify for a pretrial diversion if I have an old like 15 years old DUI arrest which was dropped to reckless driving?

    David’s Answer

    The only thing you can plea is not guilty, otherwise there is no need for a PD as your case will be over. Tell the Judge Not Guilty and ask for the PD to be appointed. Then make sure you follow-up and contact the PD.

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