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Richard Earl Hornsby

Richard Hornsby’s Answers

1,440 total


  • Child Pornography Charges, Public Defender Sufficient?

    An acquaintance was recently charged with ten counts of Florida Statute 827.071 - Sexual Performance-poss With Intent To Promote. The evidence looks very strong against him. The family paid an attorney a significant sum at this point to represent...

    Richard’s Answer

    The bottom line is that while I find that the average public defender is better than the average private criminal lawyer, the best criminal lawyers are likely better than the best public defender. So if your family is willing to hire one of the best criminal lawyers, it will likely result in a better sentence. If you are just looking to hire any criminal lawyer, stick with the public defender's office.

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  • How can I get early termination of probation?

    I am 16,I was recently placed on probation for 12 months for a GTA

    Richard’s Answer

    You would either have to speak with your probation officer, write a letter to the judge, or, your best bet, hire an attorney.

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  • Does Lake county have a no drop policy on domestic charges? If the victim doesn't want to move forward will they normally file

    charges anyways?

    Richard’s Answer

    Lake County will most likely pursue the charge.

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  • What happens with my violation if no information was filed?

    I am on felony probation. I was arrested with a new charge in April. I was able to bond out because the arresting officer didnt charge me with a VOP, just the new charge . My probation officer violated me the next month on the 13th. The State of F...

    Richard’s Answer

    The violation will not be magically dismissed. The State Attorney can choose to pursue the VOP even though they did not pursue the new law charge.

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  • I am on a bond for one change and got another change for something else. Will my bond get revoked when I go to court

    I was arrested for drugs and got out on bond and got arrested again for driving with out a driver's license will my bond get revoked by the judge when I got to court

    Richard’s Answer

    It is very possible that your bond on the first case will be revoked.

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  • Sale/delivery of crack cocaine within1000ft of a school

    Can I be charged twice for two transactions that took place at the same time and date? I have two sale charges within1000ft of a school Can I be charged twice? One of the CIs has open cases in the county I'm being charged in that's why I can't be ...

    Richard’s Answer

    If you sold to two different people within seconds of each other, yes, I suppose you could. If you sold to the same person, I think an argument could be made that you could only be charged once.

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  • I was placed under arrest in marion county for an out of couny warrent.

    when i arrived at the jail they charged with itrodution of contraband and did not book me on the warrent i was placed under arrest for... 26 days later it was dropped and i was booked in for that warrent. I recieved no credit for that time served ...

    Richard’s Answer

    Practically speaking, you do not have grounds to file a lawsuit. You would be entitled to any time spent in jail towards the case where the warrant was originally was from UNLESS you made the mistake of bonding out on the warrant, but not on the new charge.

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  • What are the chances that my boyfriend's case will be dismissed before the arraignment? Or will it be dismissed at the trial?

    My bf was arrested about a month ago on a case of DV on a misunderstanding (I did not press charges nor did I call the cops), but was released the next day on pretrial release. The affidavit filed by the police was only a couple lines and per the...

    Richard’s Answer

    Chances are good that they will dismiss the case prior to arraignment if what you wrote is remotely accurate.

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  • I have a prior battery conviction and recently arrested for domestic battery. They didn't charge me with domestic. Only felony

    They charged me with a simple battery even when it was my wife that made the allegations. I'm sure the purpose of this was to make it a felony for my second battery charge. We live together and the allegations meet all the requirements for a dome...

    Richard’s Answer

    Yes, the State can pick and choose which charges they make. Also, there is technically no such thing as a crime of Domestic Violence. There is a battery that involves a victim that is related to you. Felony battery with a prior conviction can be charged with a domestic violence enhancement. My advice is stop being your own lawyer and go hire one.

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  • Are you familiar with basic gain time including 1/3 off of sentence for convicted felons on or after 7/1/78 and before 1/1/94?

    My husband was sentenced to 27 years in prison in 1993. When he entered prison he received 1/3 off of his sentence & earned basic gain time at 20 days per mo. He completed 13 yrs 3 mos in prison & was given 13 yrs 7 mos on Conditional Release ("...

    Richard’s Answer

    No, I am not familiar with the basic gain time calculations that took place for offenses committed prior to 1993.

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