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Eric Joseph Dirga's Answers
- 139 Legal Answers
- 10 Legal Guides
9
Attorney answers:
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Adjudication withheld?
If adjudication is withheld then it is NOT a conviction and you do NOT have to say you were. It is confusing because most people think if you have been found guilty you are convicted. Not so in Florida. The trouble you will run into is trying to explain the difference.
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1
Attorney answers:
What happens if a victim/witness of domestic assault does not show up for the trial date?
There are multiple answers to this: What could happen to you; 1. Nothing 2. Have the sheriff come pick you up for court. 3. Can be held in contempt by court (rare). What could happen to fiance; 1. Charges dropped 2. Case continued.
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2
Attorney answers:
Can i visit someone from jail if theres a no contact order against him?
If there is no court order requiring him to not have contact with you then there should be no issue but for the Facility's policies. If there is a court order requiring him to have no contact with you then you have no worries because your "ex" is in jail and cannot contact you. What you do is up to you. It sounds like there is no court order preventing you from contacting anyone therefore you are free to see who you want (providing they want to see you). One thing you must consider is that...
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2
Attorney answers:
I had a misdemeanor possession charge in florida in june 2003.dui 2006 can the first be sealed?
If you were found guilty of the DUI charge then you would be ineligible to seal or expunge any other offense you had - past, present or future. The law in Florida specifically requires that you cannot have been adjudicated guilty of any offense to qualify for a sealing or expungement. Since Florida law also requires all DUIs to be adjudicated guilty upon being found guilty this would disqualify you from eligibility to seal the misdemeanor cannabis charge.
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3
Attorney answers:
Expunge after seal
Actually, you must wait 10 years after you have sealed your record before you can expunge that same record. For further information please look at s. 943.0585, Florida Statutes or my website.
1 lawyer agreed with this answer
4
Attorney answers:
17 y/o daughter, arrested at Macy's for petit theft. Macy's attorneys are asking for 200.00 prior to court date. Do I pay?
The law allows for the collection of $200 or treble damages in theft cases. (See s. 772.11, Fla. Stat.). This is a civil action. The letter sent out is basically asking you to pay them before they file a law suit. If you refuse to pay they will have to sue you. However, if they go through that process they will most likely sue for treble (triple) damages and attorney's fees.
1 lawyer agreed with this answer
3
Attorney answers:
My fiance was charged with Domestic Battery and has a No Contact order on him. What are my rights to remove the No Contact?
Your question is a bit confusing so I will assume that you are the alleged victim of the domestic violence. That said - yes, you can ask for the court to change the no contact to "no unlawful contact" in the pretrial release order. You will have to appear so the court can confirm that is your wish.
1 person marked this answer as helpful
3
Attorney answers:
Expunged record question
Florida law is clear that once you have expunged a single criminal record regardless of where - you are ineligible to seal or expunge any other criminal record. If you have arrest records in Florida and in another state you should always check to see if the other state allows multiple expungements. Then you can expunge your Florida record first and then attempt to expunge your out of state record second.
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2
Attorney answers:
What does LEWD LASCV Behavior victim 12yo to 16yo offender 18yo or older, LEWD Lacivious Battery mean.
Mr. Melton is correct. I would add that if charged with this you will need to review the police report and compare it to the facts, quickly speak to any witnesses that confirm your facts, and hire an attorney experienced in this area. This is a serious charge, please take it serious.
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3
Attorney answers:
I am accused of stealing $1800 from my employer what should I do?
Yes, contact several. Meet with each and then decide who you want to hire and then hire that attorney. You need the insulation that an attorney can give you, because... You can expect to be contacted by law enforcement. They may ask you to meet them at the police station to "talk." They may even assure you that you will not be arrested. DO NOT MEET AND TALK TO LAW ENFORCEMENT. You have been accused of a crime and all law enforcement wants you to do is confess. They are not interested...
1 person marked this answer as helpful