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Richard Earl Hornsby

Richard Hornsby’s Answers

1,371 total


  • Do my points go away after prison

    I had 30 points and went to prison for a year and one day I caught a new charge due to failure to change friends post release I'm looking at 16 pts currently

    Richard’s Answer

    Under the scenario you have explained, your prior criminal case would be scored as prior history on any new law criminal scoresheet. While it would not count for 30 points, it would increase your scoresheet by about six months.

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  • I have withheld adjudication on my dui felony. Can i get my record sealed?

    I have a dui felony and it is making it impossible to get a job or apaartment. I have withheld adjudication. Can i get it sealed?

    Richard’s Answer

    If you have never been adjudicated guilty of any other criminal offense and you do have a Withhold of Adjudication on a felony DUI, you would be eligible to petition to have your case sealed.

    However, the only way you would have a withhold on a Felony DUI is if you were sentenced as a Youthful Offender or if the Felony DUI predated the 1990s statutory change that required a judge to adjudicate all DUIs guilty.

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  • Will my license be suspended in Florida if I lose my Colorado DMV hearing?

    I am a Florida resident. I received my first DUI a few weeks ago while on vacation in Colorado visiting family. My DMV hearing is a month away. My employer will terminate my employment if I do not have a valid Florida Driver License. I know Flori...

    Richard’s Answer

    Florida will only take action on your license if you are convicted of the Colorado DUI in criminal court. If you lose the DUI administrative hearing, but are somehow able to beat the criminal DUI case, Florida will not take any action on your license.

    If you are convicted of the DUI in criminal court though, Florida will initiate an administrative suspension proceeding against you in Florida upon receiving notice of your out-of-state DUI conviction from Colorado.

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  • Do I need an attorney to expunge an arrest that was not filed and dropped?

    In 2007 I made a stupid mistake. My ex and I drank too much and the end result I was arrested for a domestic. I slapped my ex in the face after he spat on me. Charges were never filed and dropped because there wasn't enough evidence. That was my ...

    Richard’s Answer

    Assuming you have no prior criminal history, you are eligible to have the case expunged. Should you get it expunged, probably.

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  • I'm from Fl. while going thru Va, got speeding ,changing lane without signal ticket at the same stop.will points transfer to FL

    Have fl license. Got issued with 2 tickets (15 miles over) and improper change of lane without signal all in one stop.My question is will those points transfer to fl license. Here we are allowed to take class for erasing points. will that be appli...

    Richard’s Answer

    Under the interstate Driver's License Compact, you will only get points if you are convicted of the ticket.

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  • What is a "green case violator"?

    My fiance violated his probation from a felony charge he had originally gotten years ago. He has been sentenced to 4yrs but already has about 34 to 35 month total time served from the original charge. He has been told by his classifications office...

    Richard’s Answer

    Under current Florida law, if you are sentenced to prison followed by probation, subsequently violate that probation, and then are sentenced to prison again; you are not entitled to gain time accrued while previously in prison.

    However, for people convicted of a felony prior to the current gain time law are entitled to both gain time and actual time spent in prison on previous prison stints.

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  • How can I see the warrant list for new warrants in Florida?

    Is there a website that covers the warrant lists in Florida or are there various websites that cover different regions of Florida? Is this free to the public or do I have to pay a fee?

    Richard’s Answer

    Most felony arrest warrants issued in the past six months are non-public until they are served on the subject of the warrant.

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  • Can you get 15 to 25 years on a vop for not finishing paying your fines I was told that

    If you didn't finish paying off your fines in restitution can you get 15 to 25 years,for that if you haven't been in any trouble or caught no new charges

    Richard’s Answer

    Before your probation can be violated for failure to pay financial obligations, the State has to show you had the ability to pay the financial obligations.

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  • Can a felon purchase a firearm after 9 years release from prison.

    In 1986 I was sentenced to 20 years and housed at a New York Facility. I was released on 2007 and paroled for 5 years. Since then I owned my own business and been a productive citizen. I moved to Florida and was wondering If I can purchase a fir...

    Richard’s Answer

    Only if your right to own a firearm has been restored. Generally speaking, even if you get your rights restored, the restoration rarely includes the right to own a firearm (at least in Florida).

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  • Is a warrant required for a blood draw in Florida since the Supreme Court decision?

    Do police need a warrant in the event a blood draw is needed?

    Richard’s Answer

    • Selected as best answer

    For a misdemeanor DUI, they would need an arrest warrant. For a felony DUI, they would not need a warrant.

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