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James D Phillips
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James Phillips’s Answers

35 total

  • Is a DUI conviction a misdemeanor or a felony? How do i find out if my conviction was categorized as felony or a misdemeanor?

    This is my first DUI I've ever gotten. I'm currently on probation for 6 months

    James’s Answer

    A first time DUI conviction is usually a misdemeanor unless the DUI involved serious bodily injury or death. To find out you can check your court minutes, call the clerk or ask your probation officer.

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  • First DUI blood level .06 Marion County FL, driving without a license, should I hire an attorney?

    22 years old, US citizen, previous warrant for not paying $137 of fines (driving without a license in Polk County)

    James’s Answer

    You should definitely hire an attorney as DUI's come with minimum mandatory sanctions including mandatory adjudication of the crime if you enter a plea or found guilty of the DUI. Furthermore, blood cases are very technical so I would strongly recommend an attorney who emphasizes their practice on DUI and who has experience fighting blood results.

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  • Can my probation officer violate me for not paying when I don't have a job to pay him

    I'm a felony I have been looking but i have no luck in finding one

    James’s Answer

    Yes. Even though the probation officer can violate you for not paying, it is still the State's burden to prove that the failure to pay is willful by the preponderance of the evidence. If you have been looking for a job it will be very important to have proof of your efforts.

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  • I have a dui in mi but i live in fl i cant aford to go to mi and tack car of it can i transfer it to fl or take care of in here

    it has ben 11 years when it hapen

    James’s Answer

    No you will not be able to have the case transferred to Florida.

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  • Should I get an attorney for a disorderly intoxication charge in Miami, Fla?

    I was at the dolphins patriots football game in Miami and got a little overly drunk. I was taken to the pretrial detention center in Dade county and was there till I got bailed out. I am awaiting a letter with my court date. Should I hire an attor...

    James’s Answer

    • Selected as best answer

    A disorderly intoxication is a second degree misdemeanor. The maximum you could receive is 60 days county jail, 6 months probation, $500.00 fine, or any combination of the three. If this is your first offense, jail time would highly be unlikely. This is a criminal charge so I always recommend hiring an attorney. Furthermore, an attorney can waive your appearance at certain court proceedings which will keep you from having to travel to Miami for every court date.

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  • Can I get my record expunged after being convicted and serving one year of probation for petty theft in FL?

    What does the state attorney look at in order to see if I will be eligible?

    James’s Answer

    My colleagues are correct, if you have ever been convicted of a crime you will not be eligible to have your record expunged or sealed. If you would have received a withhold of adjudication on the charge, then you would be eligible to have your record sealed so long as you had no other priors.

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  • In 2010 I was charged with public assistance fraud..the charge is adjudication of guilt withheld..

    I am so lost as to why im still receiving assistance and its on my record...and how can I go about getting this off my record im not able to get a job im I still guilty of this charge if its adjudication of guilt with held and im still receiving a...

    James’s Answer

    If you received a withhold of adjudication then you are not convicted of the crime. If you have no prior criminal record and was never adjudicated a delinquent as a minor, then you should be eligible to have your record sealed.

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  • What does a motion to quash warrant mean in the docket?

    11/26/2012 VIOLATION OF PROBATION AFFIDAVIT FILED 88 11/20/2012 MOTION TO QUASH WARRANT FILED 00/00/0000 SET FOR 12/12/2012 AT 09:00 87 05/11/2012 COLLECTIONS AGENCY STATUS NEW TO LINEBARGER 86 05/11/2012 PAYMENT PLAN REM...

    James’s Answer

    It means there was a warrant issued for your arrest and apparently an attorney filed a motion asking the Court to withdraw/quash the warrant for your arrest.

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  • How long can you be held after arrest before seeing a judge in Florida?

    Fail to appear for child support in Michigan .

    James’s Answer

    You are suppose to see a judge within 24 hours of being arrested. If the warrant was based on child support there maybe a purge amount and if you pay that amount you will be released.

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  • How much time or might offered as a plea bargain armed robbery and armed burglery

    We live in Florida . He has no record not juvenile record nothing crime happened when he was 17 he felt guilt and we turned it in 2 others were involved. And arrested he was direct filed he has been in jail 6 months already ..

    James’s Answer

    This is a difficult question to answer without much more information and even then it would be hard to answer without reviewing all the discovery, speaking with the prosecutor and the defendant. If it is alleged to have involved a firearm then he will be facing mandatory prison. He needs to hire an attorney as these type of charges do carry prison.

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