When I was 15 I got arrested for grand theft auto and a few other felonies but adjudication was with held. All the charges happened in one night and that was my first and only time being arrested. Once I violated my probation I was sent to a juven...
Pretty amazing how many attorneys have given you the wrong answer.
First, you (and more importantly, the above attorneys) need to understand that there are two components of any criminal record: (1) non-judicial records (i.e. law enforcement records) and (2) Judicial Records (i.e. court records).
Non-Judicial Records: Under Florida Statute 943.0515, juvenile law enforcement records are automatically expunged when you turn 24 or 26 (if you were committed) so long as your case was dismissed or you received a withhold of adjudication. However, if you are subsequently convicted of a forcible felony after your 18th birthday, but before your 24th birthday, regardless of the original disposition of the juvenile case, the juvenile history is merged with your adult criminal record and remains forever.
Judicial Records: As a general matter, juvenile records are confidential and therefore sealed from the general public. So they really don't need to be worried about if your concern is what would appear on a background check. Further, while it is true that they are not automatically expunged, the fact is that court records are never expunged in adult court, they are sealed. As a separations of powers issue, the Florida Supreme Court decided that the Legislature could not force them to expunge - destroy - court records. So what happens when an adult case is "expunged', the non-judicial records are expunged and the court records are sealed. For a history lesson on this issue, please read the below cases that give you the history of this law.
In any event, your general understanding of the juvenile expungement law was better than multiple Florida attorneys, so you should be proud of yourself.See question
I recently moved to Orlando, FL with the NY license plate. I was driving with the traffic and I got pulled over because I was doing 64 mph in 55 mph speed limit. I am fined $129 and 3 speeding violation points. I have a FL license but a NY license...
Your best bet would be to hire a ticket attorney. Most guaranty some type of resolution on your money back. Not to mention it is probably the best money you will ever spend on a lawyer. I have listed two ticket defense firms below that are very good, but there are other good ones as well.See question
I was pulled over because the tag on the vehicle I was driving came back stolen then arrested for grand theft auto, driving with license suspended habitual, poss of controlled sub and poss of paranelphia at first appearance the judge didn't see pr...
No, the "fruit of the poisonous tree" analogy only applies when law enforcement engage in unlawful activity that results in the discovery of other evidence. In your case, they did nothing wrong in stopping or arresting you. While they clearly had reasonable suspicion to stop and arrest you, the State Attorney simply decided that they could not prove Grand Theft beyond a reasonable doubt.See question
If the police accuses someone with suspicion of theft, how can anyone know if they are referring to Petit theft, shoplifting or theft if they do not have evidence. How does this works?
First, contrary to what my colleague believes, the police accuse people of all kinds of things.
Second, shoplifting is a lay term for stealing from a retail store. Florida has several different types of theft statutes. One of the statutes criminalizes Retail Theft, but it only applies to multiple thefts that involve an aggregate value of over $300.
Theft involves the unlawful taking of someone else's property. Theft can be committed against both a business and an individual. Petit Theft is broken down in to two degrees. Petit Theft of the First Degree is committed when a person takes property valued less than $300, but more than $100. Petit Theft of the Second Degree is committed when a person takes property valued less than $100,See question
Technically, a judge could grant an expungement even though there are outstanding court costs. Practically speaking, there isn't a chance a judge would consider doing so.See question
Tampa Tribune article dated March 11th tampa tribune Edwin Brown murders indigent man. Halfway through trial judge hands out papers for self defense to prosecutor and defense attorney. Prior to trial defendant requested a new attorney and did no...
Yes, an attorney can be fired after a verdict, but before a sentence. No, an appeal cannot be made prior to sentencing.See question
I was tresspassed from the store and the deputy said because of laws in place he could not arrest me. That said can anything else come from this or is the tresspass all that will happen to me.
They likely submitted an police report to the State Attorney's Office to consider filing criminal charges against you for the theft.See question
failed a u a other day ,what now
Your probation officer will likely submit a violation affidavit to the judge and the judge will decide whether to commence violation proceedings against you and also whether to issue you a notice to appear or a warrant for your arrest. I would hire an attorney if I were you.See question
Can I just go to the judge Monday morning ? And surrender and have a new court date scheduled then. Or do I have to get booked in. I do not have money to pay for a lawyer. I have been going threw this for two years because of one hydrocodone . I t...
The good news is that a person's probation cannot be violated solely for inability to pay financial obligations, which leads me to suspect that you may have violated in other ways. As for just going to the judge, the process does not work that way. The judge reviews the PO's violation of probation affidavit and decides whether to take any action on it. He can ignore it, issue a notice to appear, or issue a warrant, either with or without a bond.
Regrettably, your best option would be to obtain a lawyer, but since you can't, I would check the clerk's computer everyday to see what decision the judge makes.See question
suspicion of shoplifting? Can they get on weekends? Does that normally happens even-though is not a serious offense? Tks.
It is unlikely they would get an arrest warrant for shoplifting that amounts to Petit Theft (stolen items less than worth $300) and would instead most likely refer the case to the State Attorney's Office for review. If the amount is more than $300, they would then likely get a warrant.See question