Mark Timothy Conan's Answers

What are the chances of this charge being dismissed?

He may win his case but the chances of "dismissal" are very slim. To dismiss a case, your husband will have to swear that all the facts in the police reports are true, but they do not make a "prima facie" case against him. This is a quick summary of 3.190(c)(4) of the Florida Rules of Criminal Procedure. It appears that it will come down to the issue of which side is more believable. Hopefully, there is no physical evidence at the scene that would implicate your husband, such as...

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I was in PTI program for grand theft 3rd degree, got two tickets, and today was kicked out. Can I get back in?

Yes, you can get back into the program. From your post your criminal charge was reduced to a civil infraction. Therefore, you have not committed/convicted for a new crime. Your attorney should show the prosecutor the additional punishment received for the new citation and hopefully that and may be enough punishment. If not, suggest they let you restart the program. Good luck, Mark

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What does it mean when it says that the Prosecutors only had 175 day from day of arrest to present a case.

It means that the accused's speedy trial rights would be violated if they waited until the 176th day. Be advised the 175 that you mention only applies to felony cases in adult court. For misdemeanors the state has to bring the case to trial within 90 days of arrest. Another factor to consider is whether formal charges have been filed. If the state never filed the defendant is entitled to have the case Discharged. If the state filed but it has not been brought to trial and the Defendant...

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My sister was accused of stealing from Marshall's with no evidence. How can she fix this?

If Marshall's kept your sister for 6 hours w/o bathrooms or police she does not need money for an attorney. A civil rights lawyer will take the case on a percentage basis of her recovery. Good luck, Mark

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What are the chances of the state attorney proceeding with criminal batter charges if reported 3 days after?

The three day delay is significant, but not to the point that it would prevent charges. It is important that your witnesses "memorialize" the incident while it is still fresh in their memory. However, be aware that what they "swear" to can and will be used against you if they indicate that your are even partially at fault. I have had clients come into my office with "helpful" witnesses, that were not. It is best to have your witnesses contact a criminal defense attorney so a determination...

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Consequences for getting charged with possession of marijuana

The other attorneys answers are correct, but in addition to any possible jail time your drivers license will be suspended for 2 years if the Judge convicts you of the crime.

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I have $0 bond for battery/domestic violence ,second arrest in one week for same offense. WHat does this mean?

After you arrested the Judge is supposed to set a reasonable bond. The bond is to ensure your appearance at future court dates and to protect the public. Based on the second arrest, the Court feels the only way to protect the public was to put a $0 bond. The Judge should not have done that. The proper procedure would be to "revoke" the first bond, because that is the case where you did not comply with the Court's expectations, i.e. "no new law offenses". Sometimes they just jump the gun...

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I was charged with disorderly intoxication, never had a record before and i am wondering what are the penalties?

Maximum penalties are 60 days county jail, 6 months probation and a fine of up to $500.00. More likely than not you are not going to be "spending time" as it is a first offense and categorized by the legislature as a second degree misdemeanor. These are the least serious types of crimes in the state of Florida. On a side note, they may not be able to prove the charge, you may be eligible for a diversion program, or they may offer a fine and court costs. Make sure you get an attorney who...

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Do you think I will go to jail if I've got 13 felonies for theft?

If your mother-in-law presses charges against you, she has to also press them against your husband. If he has 13 felonies he most likely will be offered prison. You probably will get probation. It may be possible that your mother-in-law may drop these charges if she does not want to see her son got to prison. At the very least you should do something nice for her on mothers day. Good luck, Mark

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I was charged with petty theft. What will happen? How much would an attorney be?

Do not enter a plea. Get the public defender appointed and see if they can put you in a diversion program. The benefit of a diversion program is the case gets dropped upon completion and you will be able to expunge this charge from your record. It will be tough, especially in this economy, to get a job with a theft record. Good luck, Mark Conan

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