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Richard Earl Hornsby
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Richard Hornsby’s Answers

1,513 total


  • Will Palmer, Reifler & Associates file a lawsuit against me? (Caught shoplifting)

    About 3 months ago in November I was caught stealing Crest White Stripes by a secret shopper at a Walmart in Pensacola. I was stopped and pulled into a room where a man told me he saw me steal. I was honest with him about everything including the...

    Richard’s Answer

    These letters are called Civil Theft Demand Letters. The retailers' hire law firms like Palmer, Reifler & Associates to send these scare letters out to every person who is arrested for shoplifting theft because Florida law entitles them to sue for up to three times the value of the goods stolen. In my 15 years of practicing law, I have never seen them actually sue someone who failed to respond to the demand letter. (That isn't to say there could always be a first.)

    In my opinion, you should completely ignore the letter and not respond in any way. If you do not respond, they usually send one or two more letters, each with slightly more threatening language. It has been my experience that after about three attempts, they will simply give up and move on. However, if you respond at all, they will know they have your correct address and will hound you until you pay.

    If you are unwilling to risk ignoring them, you should go ahead and pay as you only have two choices: either ignore the letter or pay the letter. Paying the letter or ignoring the letter will not impact your criminal case in any way, as they are handled completely separately.

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  • You are pulled over by a police officer, what do you do to protect yourself?

    You are driving down the road, driving the speed limit, vehicle in proper working order.

    Richard’s Answer

    Be polite, have your license, registration, and insurance immediately available. Say no to any requests to search you or your vehicle. If the officer orders you to do something, obey his order without saying anything else. If done this way and you are arrested for something, you will give your attorney the best opportunity to challenge the legality of the search and seizure of you.

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  • Will they transfer me the same day I request transfer

    I need to move to ocala fl from west palm beach fl for a emergency dealing with my social security and my mom getting a divorce

    Richard’s Answer

    No, the intrastate transfer process takes about one month minimum to complete.

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  • Can I be charged with DWLS when I never had a license

    Charged with DWLS

    Richard’s Answer

    Technically, a person who has never had a driver's license should not be charged with DWLS, much less convicted of it. See Crain v. State. The proper charge in that situation is Driving without a Valid License. However, I see people routinely charged and convicted of DWLS even though they never had a license issued to them

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  • What can I do?

    Hello. I was at a 4 way stop and I got the green light to turn right, so I immediately turned right and went into the left lane(there were 2 lanes) and I was hit by a car turning left into oncoming traffic at which she sped off. I spoke to the pol...

    Richard’s Answer

    Your best bet would be to retain a traffic ticket attorney. They usually charge around $100 to handle traffic tickets. I do not handle them, so please do not call me.

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  • What's the likely hood if her being able to reach a plea deal with no prison sentence?

    My ex wife was charged with f2 fleeing and eluding and f2 possiesion w/intent. She has no criminal record or past arrests.

    Richard’s Answer

    I would think that there is a very good chance that a first time offender could avoid jail time. The bigger issue will be whether the person can negotiate a sentence that avoids an adjudication of guilt, as Fleeing and Eluding is ineligible for a Withhold of Adjudication of Guilt.

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  • Can he just close your case

    If you have paid him 90 percent of his money can he just withdrawn from th case because he is bullying you for the rest an the case not done

    Richard’s Answer

    No attorney who has filed a notice of appearance can just withdraw from your case, the attorney must file a motion and get the court's approval. If you have paid your attorney, you should bring this up with the judge.

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  • Can I turn myself in in another state and do 89 days and if I don't get extradited, does that mean florida dropped its warrant f

    I'm on misdemeanor probation in Florida, and violated couple months ago when I had to leave the state because of personal issues.

    Richard’s Answer

    No, you cannot serve a Florida sentence in another state.

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  • Why are background checks showing Pre-Trial Intervention on my charges instead of "dismissed" after I completed drug court.

    I was arrested for "obtain controlled substance by means of fraud" and "attempt to obtain controlled substance by means of fraud in 2012 in FL. I was offered drug court (DC) with the understanding both charges were to be dropped by the state with ...

    Richard’s Answer

    Your understanding of the definition of pretrial intervention is incorrect. Drug courts are implemented pursuant to the authority of Florida Statute 948.08 (Pretrial Intervention). There are several types of cases that can be referred to pretrial intervention, which include both pre-plea (what you completed) and post-plea cases. Your case was a pre-plea case that resulted in dismissal upon successful completion of the program. If I were you, I would file to have the case expunged. Once expunged, the charges would no longer appear on a criminal background check.

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  • When I checked fdle it says I had a warrant issued on me on 12/01/2015 but I went to court on 1/13/2016 could the judge see this

    I just checked the website fdle and it said I had a warrant issued on me 12/01/2015 for larceny now I'm already on probation for petite theft and I went before my judge on 01/13/2016 if my warrant was active would she have seen it when I went to c...

    Richard’s Answer

    The only way the judge would have know about the warrant is if the courtroom deputies or the prosecutor's office had checked your name against the active warrant database. Many times the deputies forget to do this.

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