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Richard Earl Hornsby's Answers
- 711 Legal Answers
- 1 Legal Guide
4
Attorney answers:
Will a lawyer be able to get me out if this? please read
Any lawyer, much less a good lawyer, should be able to get you into a Pretrial Diversion/Teen Court program that would result in dismissal of the case; which is the best way for you to resolve a case with this fact pattern.
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4
Attorney answers:
OVERCHARGED, 20 YR offer on NO PRIORS, Brief explanation of what happened, need advice please !!!!
Agreed, your question is too involved for an attorney to give you a competent answer on the internet. You need to sit down with your new attorney and have him explain the logic. Every case is different and has unique facts.
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4
Attorney answers:
If an attorney general is trying to make you into a criminal what to do.& Can I sue him.
No, a prosecutor has immunity and prosecutorial privilege.
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3
Attorney answers:
My felony was nolle prosequi due to a a pre-trial diversion, i filed the petition to seal, what will happen at court?
Let me start by saying that you should consult with an attorney because it appears you filed the wrong type of petition. Since your charges were dismissed, you are eligible to have your case expunged - which is better than sealing. You probably forgot to have the State Attorney execute section B of the Certificate of Eligibility. Also, if it was employee theft, you should consider getting an attorney because some judges view such theft very negatively.
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6
Attorney answers:
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If a store owner gets an employee to set his store on fire for the insurance money, what can the owner be charged with?
Arson, Insurance Fraud, Felony Murder.
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3
Attorney answers:
I have an interlock device installed. I went to start my car and blew a (1st) violation. I had not consumed any alcohol.
They will ask you about the positive reading and may report you to the judge/probation officer if you are on probation.
6 lawyers agreed with this answer
3
Attorney answers:
I know the case is closed I have no other convictions will the state prose. sign my certificate of eligibility to expunge/seal?
Yes, if you had no prior criminal history (before or since) the State would be required to sign your application for certificate of eligibility.
6 lawyers agreed with this answer
3
Attorney answers:
What is the Statute of Limitation on a simple battery case in Florida for someone who does not reside in Florida?
The statute of limitations in Florida for simple battery is two years from the date of the offense. However, under Florida law, it is tolled during any time you are continually absent from the state. Regardless, it is the state's burden to prove you are absent and you should have an attorney file a motion to dismiss. Finally, if you were arrested, bonded out, moved, and then charges were filed within the two years; then there is no statute of limitations defense.
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3
Attorney answers:
Does Police department have access to IRS tax records
No, but they could subpoena them.
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2
Attorney answers:
How often am I able to receive a parking citation for the same violation in the state of Florida?
You should request a hearing on both of them and a judge will throw one of them out.
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