John Patrick Guidry II's Answers

If i call the arresting officer's srg. does he have to give me any info i ask for (evidence) in my own case?

No, they do not have to let you photograph the car merely because you asked. The discovery process in a criminal case allows for all sorts of investigative techniques, but the Sgt is not required to respond to "your" requests. You may be able to hire an investigator to discover the whereabouts of the vehicle, as some officers actually take home the car (and thus, maybe, the investigator can track down the home "owned" by the officer). Often times, officers park their patrol cars in a place...

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Will i violate dui misdemeanor probation for not geting an evaluation

You may have violated your probation for failing to follow orders, BUT ONLY if the judge actually ordered you to take a second evaluation. If the judge only ordered "an" evaluation--meaning one eval--then I doubt a second eval would violate you. The problem is, most probation officers don't know the law, and may issue a vop even though it wasn't court ordered. Call a local attorney ASAP! Good luck

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Can I, as a roommate of someone on probation who isn't allowed to have alcohol, have beer in the fridge??

Your nephew's probation officer may be making up a probation condition out of thin air--or not. Often times, probation officers really don't know the law, and their "interpretation" of a court order exceeds what was imposed by the judge. So, first thing I would do is check out the sentencing order. It must say "You shall not CONSUME OR POSSESS alcohol." If it says only "consume", he's in good shape. But I wouldn't stop there. Maybe, if the order doesn't mention "possess", go ahead and...

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Can he/she be tried for both cases in one Criminal Trial?

It would be odd to try these two cases at the same time, because every citizen has the right to go to trial on his/her particular facts--without interference from prior incidents affecting the jury's decision. But, there are plenty of examples of the prosecution getting away with admitting old cases into evidence by what is callled the "Williams Rule". This rule allows the jury to hear about a prior case, when the court deems that prior case to be so similar to the current case as to...

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Am I eligeable for an expungement or seal of a misdemeanor that occured in the year of 2000, when I was 18?

You should be ok to seal. Having two adjudication withhelds on your record would entitle you to seal one of them. Pick your poison (I suggest the possession of marijuana, just as you thought). However, it's odd that you were denied a sealing, as the facts given seem to qualify for a sealing. It may be that the tabacco case was actually an adjudication of guilt (thought, that would be a bit odd for a first offense). If you were found guilty of the tabacco offense, then the denial makes...

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How do I reseal my record

Recently, I had a client request that her file be un-sealed so that she could obtain certified copies of the police reports (etc) in order to become a certified teacher (of some sort) here in Florida. When the motion was granted to un-seal, I placed within the order directions for the clerk to automatically re-seal the file within so many days. The problem is, if you had your file un-sealed so that a government agency could obtain certified documents--it may be that the file was never re-...

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DUI while sleeping in truck...

I agree with Don and the others, the law is "technically" against you here on this DUI. But, why did the officer approach your car to begin with? He will probably say, "for your safety, to check on your well being". If that's true, he should have only stuck around long enough to make sure you're ok, then left. Get yourself a good defense attorney, as there may be some issues here surrounding this officer's behavior. Yes, a DUI can be proven with the keys in the ignition, and car running....

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Can he get bond or get out of jail early?

VOPs always raise two common questions: 1) can he get a bond & 2) what kind of sentence is he looking at? I practice in Central Florida, and even though the law is uniform throughout the State, issues of bonds and sentencings vary greatly depending upon one factor: the Judge. Here in Orange County, I could tell you that one judge would deny a bond under your boyfriend's circumstances, and several others would grant it. So, the best thing to do is exactly what is mentioned in the answers...

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My boyfriend is in prison for statue 893.13(a)1(a) and they are ruling his charge unconsttional cantheydothatandoversentencehim?

The constitutional issue your boyfriend mentioned can be somewhat confusing, as there is some disagrement between the Federal courts and Florida courts regarding the constitutionality of our drug statutes. it was a Federal court that deemed the 893 drug statute unconstitutional. This Federal decision (in a case called "Shelton" for short) found our drug statute unconstitutional because it does not require the state to prove "knowledge". In other words, there's nothing in the law to stop the...

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Can i still pursue my dream of being a doctor in the state of Florida with a juvenile record

I agree with the above, you'll have no problems in college. You may wish to hire Mr. Lafay to expunge your record, even though juvi records are hard to find. Also, regarding your dream of being a doctor--you should contact an "Admission Attorney". These attorneys specialize in consulting clients regarding their admission into various professions (most commonly, the Florida Bar, but also Doctors, Nurses, any profession that requires government certification). Good Luck.

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