Skip to main content
Mark Nickolas Longwell
Avvo
Pro

Mark Longwell’s Answers

382 total


  • Wrongful arrest (proof). Jail. Prison. Extradition. All dismissed. Tormented for 2 years. Have lost career, home, everything.

    Suing state and police nearly impossible but need to at least sue the persons who filed false police report as part of their 2 year scheme conspiring to defraud me for their own gain. Can't find attorney to help. If I do it myself is there a men...

    Mark’s Answer

    While I do not take these types of cases, I appreciate your issue. I agree that it is too easy for someone to be wrongfully accused. Once exonerated, there is usually very little satisfaction. It is hard to find an attorney because these cases are hard (expensive) to win and the money that can be recovered frequently is not sufficient. Even expungement is not efficient or absolute.

    From what I know, Section 83 of Title 42, US Code allows for civil suits of this type. Section 83 provides:

    Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.

    This suit must be filed in Federal Court.

    I agree that a change to Florida's expungement law is also needed. Please contact your state legislator and ask for the law to be updated to allow for the efficient and absolute expunction of a record for those who are the victims of a false accusation.

    See question 
  • Are my husband's charges correct??

    He's been charged with 790.07(2) concealed firearm, and 790.07(4). Doesn't he have to be convicted of 790.07(2) before he can be charged with an additional charge of 790.07(4)? He had a concealed firearm in his car. He was not committing or planni...

    Mark’s Answer

    It all depends on the facts. If he has a prior felony...he may be subject to 790.04(7). The best thing for him is to have a skilled criminal defense attorney represent him. A skilled criminal defense attorney will thoroughly evaluate the evidence and prepare his defenses so as to maximize the chance to get the charges dismissed, get an acquittal, or a at least get a favorable plea resolution. Most criminal defense attorneys offer a free consultation. We also offer payment plans to try to help with the financial issues.

    See question 
  • Is it recommended to attend a settlement meeting with my husband, his attorney and Me(pro se) in his attorney's office?

    He is represented by attorney, I am not. Ex and I have discussed mediation, but I've just received this request. She has also requested documentation of income, expenses, other details. I am leery of attending the meeting if I don't understand th...

    Mark’s Answer

    The problem isn't the settlement meeting, it is that you don't have an attorney. That is why you don't feel comfortable. You should get an attorney. I am not an attorney in your area, but I would say that there is nothing generally wrong with attending or otherwise discussing settlement. If you are not comfortable, then insist on a formal mediation, or don't go. It is strictly voluntary. If you do go without an attorney you are at a disadvantage because you won't know what is appropriate and reasonable. If you go alone and come to some agreement, you should not sign until you have reviewed the agreement with a family law attorney in your area. In short, going or talking are fine, but don't sign anything without having an attorney review it with you first. If you can afford it, hire an attorney and don't go it alone.

    See question 
  • Unarmed burglary and grand theft between 300$ and 5000$ sentencing?

    I have a friend who recently was arrested with these charges together. I was wondering what kind of sentence realistically he is looking at. The unarmed burglary charge is for him stumbling drunk into a trailer in front of a house where he was at ...

    Mark’s Answer

    Your friend has the right to be presumed innocent and to have any attorney represent him. He is afforded extensive due process and constitutional rights that allow his attorney to scrutinize the State's case and to challenge the admissibility of the State's evidence. He has the right to a trial and to require the State to prove the case with admissible evidence beyond a reasonable doubt. By using these rights, he may have his case dismissed or get a not guilty verdict. Under these circumstances, he won't face any sentence at all. By using these rights, he will increase the chance that he will be given better options for resolving the case short of trial. Those options may include pre trial diversion (which may result in his case being dropped), or a plea bargain (which may result in the types of results Attorney Umansky described in his answer). In short, he should get a good lawyer and utilize his rights to ensure the best possible outcome.

    See question 
  • Changing my last name

    My fiance recently passed away unexpectedly before we could be married. Is it possible to change my last name to his anyway. Would this be costly and would I need a lawyer?

    Mark’s Answer

    I agree with the excellent answers given by my colleagues.

    See question 
  • Will I qualify for a Florida hardship license if I have an HTO revocation..and received a ticket during the "year" mark?

    Will I qualify for a Florida hardship license? My license was revoked in March 2012. I am currently at my one year mark to apply for a hardship. I currently have a job opportunity in another state that requires that I have a license (Car Deale...

    Mark’s Answer

    • Selected as best answer

    No. You have to have a full year without driving. However, there are other possible solutions. If you beat the ticket you may still qualify. Or, the bigger solution may be to seek to have the HTO suspension removed by challenging the underlying cause of the suspension (such as seeking to set aside a judgment and sentence in one of the cases that caused the HTO suspension). Consult with an attorney for further details.

    See question 
  • Do I need a divorce lawyer AND a real estate atty. if I am just walking away from my house (in my name but husband's name is on

    and he is going to take over payments. How do I get my name off of account? Can't one atty. do this? He(husband) is saying we need a real estate atty also.

    Mark’s Answer

    A good divorce lawyer can probably get you through this, depending on the specifics. You will want to have your name removed from the mortgage, which may require him to refinance in his own name. If he is getting the home, it will need to be Deeded over to him. If it gets complicated, a real estate attorney may be appropriate. Of course, this all assumes it is a fair deal and that you aren't short changing yourself. Make sure you have a good divorce lawyer to protect your interests. If a real estate lawyer is needed at some point, your divorce lawyer will let you know.

    See question 
  • If some1 was cited for petty theft (1st offence) will it affect their chance of having their cr1 condition remove or granted?

    clean background so far. 1st ever offence.

    Mark’s Answer

    It depends on the outcome of the criminal charge. Hire a criminal defense attorney and fight the charge. A criminal sentence, even if the court withholds adjudication, can affect immigration issues. Consult with an immigration attorney for specifics.

    See question 
  • I was picked up on an out of state warent,be the other state did not come and i was let go.Can the pick me back up on the same

    its na felinal warent probation vilation in wisconsin i am in florida

    Mark’s Answer

    It all depends. If you we're already picked up and Wisconsin indicated they won't extradite, you should be okay. You should consult with an attorney in Wisconsin about that case.

    See question