N. Ryan Labar’s Answers

N. Ryan Labar

Orlando Personal Injury Lawyer.

Contributor Level 6
  1. So a 21(m) and 16(f) year old can go up to a cop and say "we have sex"? If not what is the trouble?

    Answered over 3 years ago.

    1. N. Ryan Labar
    1 lawyer answer

    The general answer to your question can be found in the following Florida Statutes: The following Statute would be inapplicable in your hypothetical scenario because the victim is 16 years old and the statute on L&L draws the line at those UNDER the age of 16: Fla. Stat. 800.04. Lewd or lascivious offenses (4) Lewd or lascivious battery.--A person who: (a) Engages in sexual activity with a person 12 years of age or older but less than 16 years of age commits lewd or lascivious battery, a...

    1 lawyer agreed with this answer

  2. I was adjudicated guilty, but sentence as youthful adult can i have my record sealed

    Answered almost 5 years ago.

    1. N. Ryan Labar
    2. Michael Alexander Misa
    3. Richard Earl Hornsby
    3 lawyer answers

    Probably not. Part of Fla. Stat. 943.059 (Court Ordered Sealing of Records Stat) requires, as a part of the petition for sealing, that the petitioner shall not have been adjudicated guilty of or adjudicated delinquent for committing any of the acts stemming from the arrest or alleged criminal activity to which the petition to seal pertains.

    1 person marked this answer as helpful

  3. How long would an estimated sentence be for 2 burglary conveyance, burgllary dwellind(unoccupied), grand theft and armed burglar

    Answered over 3 years ago.

    1. N. Ryan Labar
    2. Jeffrey David Boston
    3. Richard Earl Hornsby
    3 lawyer answers

    The following list of offense levels would apply: 1) Armed Burglary Dwelling; first degree felony- PBL, Offense level 8 2) Unoccupied Burg. Dwelling: second degree felony, offense level 7 3) burg conveyance x 2: third degree felony, offense level 4 4) grand theft: third degree felony, offense level 2 Based on those offenses alone, a defendant would score around 110 points or around 5 years in prison (minimum sentence). However, because the first count was armed, the state could...

  4. Do you get gain time for being on community control?

    Answered over 3 years ago.

    1. N. Ryan Labar
    2. Regina Laverne Wright
    3. Christian Alexander Straile
    3 lawyer answers

    With respect to incarceration credit, you do NOT get credit for time served or gain time for being on community control. In fact, if you are on state probation through the dept of corrections, you may actually forfeit gain time for a violation of probation or community control. However, if you complete at least half of your probation or community control with NO material violations, then you may be eligible to have your probation/comm control terminated early.

  5. Whats the out come of a burglary/unoccupied dwelling and have no proir record

    Answered over 3 years ago.

    1. Jedediah A Main
    2. Jeffrey David Boston
    3. N. Ryan Labar
    3 lawyer answers

    Burglary of an unoccupied dwelling is a second degree felony in Florida punishable by up to 15 years. More importantly however, is that it also a level 7 felony offense which carries 56 points under the criminal punishment code score sheet. That means that if you are convicted of that charge you must be sentenced to prison (unless Judge downward departs) because anything over 44 points in Florida means mandatory prison sentencing. I would contact a lawyer and discuss the case. Many options...

  6. With these charges, is an attorney necessary?

    Answered over 3 years ago.

    1. Jeffrey David Boston
    2. N. Ryan Labar
    3. Theodore W. Robinson
    3 lawyer answers

    An attorney, either PD or private, is definitely recommended. The charges that you've listed carry mandatory minimum prison sentences of at least 3 years in Florida. The punishment may be up to 30 years on some of those listed (not including HFO or PRR sentences). Although, each case is different, an attorney has many options available to help a client to resolve a pending charge favorably. I would talk to the lawyer before sending any letters to anyone including the Judge.

  7. I was pulled over for going too slow on I 95 which led to dui,i need info on getting case studies for unlawful stop 0 breath tst

    Answered over 3 years ago.

    1. Jeffrey David Boston
    2. Kevin Jeffrey Pitts
    3. N. Ryan Labar
    4. Charles Elwood Soechting Jr.
    4 lawyer answers

    Under the NHTSA manual (the guide that many law enforcement agencies use for DUI detection and enforcement) driving slower (more than 10 mph) than the speed limit is an indicator of impairment. In Florida, the officer does not need to use a laser or radar to detect speed but may make a reasonable determination based on his training and experience (pacing, etc.). The courts will generally consider all the factors that go into a stop of a vehicle before making a determination as to whether it...

  8. Can I seek damages for pre-existing injuries when involved in another accident?

    Answered over 3 years ago.

    1. Mark William Oakley
    2. Randy William Ferguson
    3. Jeffrey Mark Adams
    4. N. Ryan Labar
    5. Lars A. Lundeen
    5 lawyer answers

    Pre-existing injuries alone are not recoverable. You must show that the pain and other symptoms you are experiencing now are as a result of re-aggravating the pre-existing conditions.