Imon probation and a cop showed up at 11:00 at night and then made me get my id I wasn't clothed because I was woken up so I threw it at the ground inside my screen porch which he was standing on the other side of the screen door can I be violated...
It would probably depend on why the cop was there. If he was there for something unrelated to your probation, then you technically did not commit any criminal offense that would justify a violation. Although, as was pointed out to you, stupid, but lawful actions can get you arrested and your lawyer would then have to convince a judge what you did was not unlawful. On the other hand, if the officer was there doing a probation check and asked you to hand him ID, you could be violated on a technical violation for not obeying the officer.See question
I removed a screen from a hotel window to knock on it at a friends room but was at the wrong window. I replaced the screen and found the right room and was let in but upon leaving was arrested for burglary
Under the circumstances you described, your actions would at worst, be a trespass, not a burglary. Unfortunately for you though, your actions appear to be surreptitiously performed and would probably not lead a law enforcement officer or prosecutor to believe your story and you would have to convince a jury of your innocent explanation.See question
I just recently received early termination of my probation for adjudication withheld of guilt for possession of a controlled substance & battery(which was dropped) in 09. Once my record is sealed, will this show up in a level 2 background check fo...
First, I would almost certainly advise you to get a felony case sealed (I am assuming the controlled substance charge was a felony). Second, your criminal history will 100% show up in a Level 2 Background check because a Level 2 Background check involves a criminal history at both the state and national level. Third, you should know that even if you get your case sealed, you are still statutorily required to reveal the existence of your criminal history if you are seeking to be employed, licensed by, or contracted with the Agency for Health Care Administration.See question
Was asked to write a letter to the judge for the defendant.
Character letters can be helpful in assisting a judge make a sentencing decision. However, the letters should be submitted through the defendant's attorney.See question
I am looking for a way to remove any and everything from my driving record that I possibly can. I have had several suspensions due to child support, although, I pay directly from my check at work, and it is now negatively affecting my driving pri...
A driving record and a criminal record are distinctly different. A driving record is maintained by the Florida Department of Motor Vehicles regarding any civil citations you are convicted of or civil license suspensions that are imposed. A criminal record is maintained by the Florida Department of Law Enforcement and only involves the history of any criminal offenses you have been charged or convicted of. While it is entirely possible to receive both criminal and civil traffic citations at the same time, their record retention are controlled by different statutes. Unlike a criminal record, entries on your driving record can never be sealed or expunged. See generally DHSMV v. Rigau, 901 So. 2d 339 (Fla. 2d DCA 2005). Moreover, pursuant to Florida Statute 322.20(7), a person's driving record is maintained until a person dies.See question
How can an Atty represent me for a ticket that was never filed with the Clerk of Court. Now remind you that the ticket was for reckless driving but no accident or speeding. Ever since I have paid the Atty in full to retain my case, I have not hea...
The attorney has several options. Even if the ticket was never filed, he could file a Motion for Discharge after the 90 days speedy trial period passed so that you no longer have to worry about whether the ticket will pop up again. Also, after one year, he could file a Motion to Dismiss based upon the statute of limitations.See question
I know a person who is 15 years old and is dating a 18 year old. May 27 the 15 year old turns 16 and in February the 18 year old is turning 19.
It is illegal for an 18 year old to have any type of sexual contact with a 15 year old under any circumstances.See question
There were open coca cola bottles with alcohol mixed in, which is what brought the attention of the guard. Two of us were 20, and we were brought in to the security office where we were asked to write down our information and take a picture. The c...
Technically, if you do not obtain permission to come back onto the property for work, you could be arrested for trespass after warning. Practically speaking though, it is unlikely that they would pursue it if you reported for work. And I think it could also be raised as a defense to a trespassing charge because since you were not fired, you could assume you had an implicit invitation to enter the property for work purposes only.See question
In Florida, will revealing that I have an undocumented DUI from another state disqualify for hardship license? If
Depends upon what type of hardship you are applying for. If it is for a hardship application following a recent DUI arrest, it will absolutely disqualify you. As for other hardships, it may or may not. Regardless, it is almost certain that the Florida DHSMV would know about any prior DUIs.See question
vop was coming from pal m beach county to st lucie county, he spent 3 years in prison with 4 years probation, he has a new charge of the burglary of conveyance, which he did not steal anything but thought he was in a family members car looking for...
Time spent in prison on a previous charge will not be credited towards a new offense's sentence. With that said, Burglary of Conveyance does not score prison automatically, so unlikely he would be looking at prison time if a decent attorney his retained.See question