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Adam Lloyd Pollack

Adam Pollack’s Answers

292 total


  • My husband received probation for 18 months for a battery on a Leo he only had 4 months left

    he refused to say his name only because the officer had his driving licenes already

    Adam’s Answer

    Refusing to say your name can sometimes impede an investigation. If the officer's investigation was not delayed by the refusal to state your name, then there is a chance that no violation of the law occurred. That being said, your husband should have stated his name, especially since he was on probation.

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  • I was a adjudicated guilty as a juvenile, and i can no longer work for the U.S government. If emigrated to another country...

    would my arrest record follow me? Could i work for their government? i.e military, police Countries like Canada, U.K, anywhere where English is primary

    Adam’s Answer

    Your situation is a tough situation. You might wish to seek a pardon from the governor because your record might be accessible. The adjudication of delinquency would generally disqualify you from getting your record sealed or expunged. Also, even if you did have your record sealed or expunged, in Florida there are exceptions to not having to reveal your record. This generally includes application for law enforcement type of positions. You would need to check with the agency that you are seeking employment with in the country that you are considering moving to. Also remember that their answer today may change in the future.

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  • Can they keep a person in Jail before the person has a hearing?

    My friend was charged with child neglect. She was bailed out. During her trial she was found incompetent to stand trial and was sent to a State Mental Hospital for evaluation. After almost 3 months she was release after passing a test and was s...

    Adam’s Answer

    A court must hold a hearing to determine whether or not she meets the criteria for involuntary placement in custody. If she was previously out on bail and then went into a state hospital, there must have been a hearing to determine that she met the criteria for placement into a secured facility. If she was never given bail to begin with or she is unable to post the bail, then she can ask for bail or for a reduction of bail.

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  • Is it true they have 21 days to present a case and if there is no new evidence supporting the charges he will be released?

    my boyfriend was falsely accused of armed robbery along with 4 other charges he did not commit. the judge denied him the right to a public defender and we dont have the money for an attorney. he is only 20 yrs old and they are talking about 2 life...

    Adam’s Answer

    I agree with Mr. Trabin that after 21 days of incarceration, a person is entitled to an adversarial probable cause hearing if formal charges have not been filed prior to the 21st day. I also agree that a person has a right to file a motion for release after 30 days if no formal charges have been filed. I further state that it is possible to wait out until the 41st day and see if formal charges are filed. If they are not, then no matter what charges may ultimately be filed, this person is entitled to be released on their own recognizance. At this point, it might be best to wait out the time and see if any charges are timely filed.
    As far as hiring an attorney only to do a bond motion, my experience has been that judges frown upon that practice and some judges will not allow for an attorney to appear in a limited capacity for a bond motion only and will not allow the attorney to withdraw. I personally do not make limited appearances for this very reason. These are serious charges and if he has no means to hire an attorney, then a court will ultimately appoint counsel for him. If they do not, then the court runs the significant risk of having this case reversed on an appeal.

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  • What motions should be filed

    in jail for 50 days facing 3 felony charges 2 witnesses . 1 witness recanted their statement no physical evidence or dna of crime .

    Adam’s Answer

    There could be many motions to file. However, perhaps the first motion to file is a motion for release from jail. The court can consider the weight of the evidence in deciding what type of pretrial release to afford a defendant. The need to speak to the defendant's attorney cannot be stressed enough. However, that attorney may instruct you that you are not the client and that any communication must be between the client and the attorney. Please be mindful that any communication between an inmate and a person who does not have a privilege status is a monitored communication. In other words, do not talk about the case or any specifics about the case with an inmate.

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  • I was arrested and charged with a DUI because of my medication Xanadu mg

    I was having a beer in my driveway . lit up a smoke and chugged half a beer . cop comes around the corner and walks up asks me if i can do the field sobriety test . I said yes sir I only had a beer in a half . I told him of my disabilities asp...

    Adam’s Answer

    Did the police obtain a urine or blood sample from you? Also, there may be motions that can be filed in your case. Unfortunately, it is too early to advise you of whether or not the charges will be dismissed. However, you should hire an attorney to defend you because there are many issues to be examined.

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  • So, I am divorced and my Ex Wife filed an appeal. She lost on appeal and the ruling was upheld. Now she is suing me

    for $ undefined for her attorney fees . My attorney fee cost for attorney fees was $ 5 , 500 . Will I have to pay her obscured attorney fees for an appeal that she did not win ?

    Adam’s Answer

    The general rule in Florida is that in family law cases it is generally not about who wins or loses, but about the need for both sides to be represented by counsel. A person seeking attorney fees will need to demonstrate that they have a need for the fees and that the other person has the ability to pay the fees. Additionally, the fee must be reasonable. There are factors that the courts will consider about reasonableness that may be implicated in your case. You should consult with counsel.

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  • I need an attorney that specializes on appeals to the parole board in Florida

    been on parole for 3 and a half years , still got 4 to go . i haven't had any parole violation and i have letters from various community service organizations stating my involvement in activities . i would like to appeal my parole ( terminate ...

    Adam’s Answer

    Florida has not had parole for many years. I suspect that what you mean is that you are on probation. While there is no hard and fast rule as to how much time one has to serve on probation, in my experience some judges will allow for an early termination of your probation if you have served at least half of the term with no violations. No lawyer can give you a guarantee, but it sounds as if you might be a good candidate for early termination. You should consult with an attorney.

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  • During divorce, if primary asset and debt is the home, how does this balance out as mortgages has years to go?

    Parties dont agree. Both reside in residence w kids.

    Adam’s Answer

    Another option is that the parties can mediate a settlement and one party might "buy" out the other party. As Ms. Jacobs correctly pointed out, a judge could order that the house be sold so long as one of the parties petitions the court for partition of the property. Another possibility is for the court to award the home to one of the parties as alimony. AN important question that needs to be answered is whether either one of you can afford the home and can refinance the home into their own name. If the answer is no, then the most logical thing to do is to sell the house and divide the profit/loss.

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  • Can I still move forward with petitioning a divorce from my husband of 20 yrs this March if there's a home being foreclosed on?

    The home is under both are names but it's unliveable because it has no central heat/air and no water tank/heater. My husband abandoned our marriage and originally told me to leave the home and he's remain in it but after a couple of months 2 years...

    Adam’s Answer

    You can proceed with a divorce. The home is a marital asset and is subject to equitable distribution. Depending on how the mortgage is set up, you both may need to consider bankruptcy as a way of dealing with the home. However, you can get a divorce.

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