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David Dean Fussell

David Fussell’s Answers

182 total


  • Can i get on trouble if I get a stop paying my car

    I buy a car and one financing the vehicle i return the vehicle back because I can't afford the payments what I can do i really don't want to get on trouble can someone please help me out what i can do

    David’s Answer

    If you have legitimately purchased a vehicle and financed it with true information, then if you cannot make the payments and it is either repossessed or you turn it over to the bank or finance company there Is no crime. It will however have a negative impact on your credit rating.

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  • Do we need a criminal lawyer?

    My 17 year old daughter was arrested for interfering when her boyfriend was arrested for allegedly scratching a car. She was charged with Battery- on a law enforcement officer and Resist officer- obstruction w/o violence. There was a video tape...

    David’s Answer

    I understand that it is stressful for a parent when their child is charged with a crime. I assume she is charged as a juvenile and not an adult. Either way she needs an attorney. Unfortunately, even a juvenile can now haunt a child for a significant period of their adult life. While in the past juvenile court proceedings were confidential and could not hurt a child when they became an adult, today the secrecy of juvenile proceedings is very limited. As a result your daughter needs an attorney. As a minor she is entitled to have her guardian, in this case, a parent present at all court proceedings. Unless the state dismisses the charges when the case is called at the next court hearing, you should insist that she needs and wants an attorney. If you or she cannot afford one, insist that a public defender be appointed. Good luck, and my prayers are with you and your daughter.

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  • How do I apply for a hardship dl in florida. they suspended my dl while incarcerated can I do anything

    need to get my DL so I can work

    David’s Answer

    There is not enough information provided to fully answer your question. The first issue concerns the reason for the suspension originally. An additional issue concerns your driving record. The bottom line is you can call the Hearings office as recommended above, and determine the reason for your suspension if you do not already know the reason. After gathering the information contact an attorney who regularly handles suspension issues before DHSMV. Good luck.

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  • Im on probation and had a positive ua. Officer sent a copy of the drug eval and a letter to my judge.

    Im currently following all other terms of probation, drug counseling and up to date in payments. I am on regular probation. Will the judge follow the recommendations of my officer if its to do the counseling classes?

    David’s Answer

    It does depend on the judge and the recommendation of the probation officer. It also depends on what the original drug charge was as well as any prior record you have. Good luck.

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  • I violated my misdemeanor probation with a felony charge what can I get for a sentence

    I was one week shy of finishing my misdemeanor probation when I violated by not showing up to sign in on top of that I got a felony charge and was sentenced to do C for 18 months what happens with this misdemeanor chargeI have been in DeSoto Count...

    David’s Answer

    On the probation count you can receive the maximum jail time that you were originally exposed. You get no credit for time served on probation. As importantly you want to make sure your attorney is dealing with the misdemeanor time as well as the felony. You may be able to get any sentence you have to run concurrently. If you do not handle the misdemeanor charge now you may finish your felony sentence and then be held to serve your misdemeanor sentence.

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  • In Florida, what are the clear laws on a 22 year old dating and or having sex with a 15 year old?

    I have read through similar questions which have already been answered, but what are the laws regarding a 22year old female having sex with 15 year old male? One law regarding an adult impregnating a minor was unclear to me due to the wo...

    David’s Answer

    At the very least the adult is committing a felony which if convicted can result in significant prison time and branding as a sexual offender regardless of consent. It would be best to consult with an experience criminal defense attorney, with significant experience with the local prosecutors office, to try to preclude the charges being filed or to get the charge filed as a lesser type of crime. Goo luck.

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  • Palmer demanding 200.00

    My minor son was caught trying to steal 18.00 headphones. The headphones were returned undamaged, and I swiftly cut his drivers liscence up into peices (in front of police and LP at walmart) and he's grounded for the summer, on top of having to wo...

    David’s Answer

    There is a Florida Statute which allows a store who was subject to a theft to seek and demand monetary damages. They can seek 200.00 even when the theft was of something worth 18.00 and the item was immediately returned undamaged. You do not say when the theft occurred. Some stores send the letters and then do not pursue the damages while others do. I would suggest you see an attorney and discuss this matter. If the store pursues the money, and you do not pay it, it is possible that they will receive additional monies for attorneys fees. On the other hand if your son pays the money prior t the criminal case occurring in certain situations it may be presumed by the prosecutor that you son committed the crime and it may mean the prosecutor pursues your son on the criminal allegations. You also do not say whether he was arrested, provided a notice to appear or just allowed to leave. There are too many questions unanswered for an attorney to answer the question as you have written. Have you son see an attorney immedidately.

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  • I am a convicted felon in the state of Florida I would like to obtain my security guard lic am I rehabilitation certificate

    ihave driving with suspended license charges Grand Theft Auto charges and a drug charge

    David’s Answer

    I agree with my fellow bar member in general. There is a Florida Statute which prohibits convicted felons from gaining a license. That prohibition would be even more applicable in reference to a security guard license. I do not believe it would matter if you received a withhold of adjudication, but if you did receive a withhold it may behoove you to explore the issue with your prior counsel. I have surprisingly had clients who maintained an already issued license upon conviction, with knowledge of the licensing agency. Good luck.

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  • What are the these charges going to do to him? what is the next step.

    I have a buddy who got caught with tetrahydracanabonoids (bho) , cannabis<20 grams, 72 counts of paraphinila, and a fake id. What will be the severity of these charges.

    David’s Answer

    In Orlando, as in most jurisdictions many factors enter into the picture before an attorney can give you an accurate response. It is very unusual for someone to receive the number of counts for possession of paraphernalia as you describe. A few reasons so many charges can be placed is law enforcement believes your buddy is involved in more serious activities, the paraphernalia is believed to indicated involvement in sale or trafficking, or your buddy angered the LEO,
    Since additional paperwork is involved for each count, is very unusual that charges have been filed as you have indicated. You need to have your buddy talk to an attorney. Good luck.

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  • Can I sue my defense lawyer for legal malpractice? I was convicted solely on inconsistent witness testimony. no other evidence.

    I faced serious criminal charges at trial. My defense attorney asked me to lie on the stand when I testified. Further, he told me what I needed to say. I refused and just told the truth. My defense attorney got angry and after I got of the sta...

    David’s Answer

    It is amazing how many lawyers will answer questions concerning a case in a state in which they are not admitted. As the author of the first response stated, the first thing to do is make sure your appellate rights are preserved. Get a notice of appeal filed immediately. If it is past the time for filing get an attorney to file a notice with a motion to file out of time.

    In reference to suing a defense attorney in a criminal case it is very difficult to be successful. In Florida you basically have to prove a negative. Basically in a civil suit in Florida against a the defense lawyer in a criminal case you have to prove you are innocent, which is usually very hard to do In a collateral attack on a conviction which is filed in the trial court, in Florida called a 3.850 motion, you have to prove merely that the outcome would have most likely been acquitted, but for the representation for which you now complain, still a difficult task but not as difficult as meeting the burden in the civil suit. You need to see a new lawyer, and pay him or her to review the record including the trial transcripts. Good luck!

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