David Dean Fussell’s Answers

David Dean Fussell

Orlando Criminal Defense Attorney.

Contributor Level 10
  1. Why do defendants have up until the jury is seated to make a plea bargain?

    Answered over 1 year ago.

    1. Richard Earl Hornsby
    2. David Dean Fussell
    3. Amber Hill
    4. Michael Adam Haber
    5. Jared G. Dokovna
    6. ···
    7 lawyer answers

    In addition to what Mr. Hornsby said, sometime the prosecutor holds out until the last minute to make the best deal. The state knows that the vast majority of defendant's enter a plea and yet they think that if they wait just a little longer the defendant will take an unreasonable offer. Part of the problem could be resolved by the state accurately evaluating the case, and making a plea off more appropriate earlier in the case.

    12 lawyers agreed with this answer

  2. Should i get a criminal defense attorney

    Answered over 1 year ago.

    1. David Dean Fussell
    2. William David Umansky
    3. Robert Laurens Driessen
    4. Frank Mascagni III
    4 lawyer answers

    If the officer received no information from your employer it would be hard for him to write a report concerning the offense. I would be worried about the fact that someone from your employer reported the incident to law enforcement. That is an indication as to whether your employer thought you were stealing items. There is a process in which the police file the information directly with the state attorney and the state attorney decides whether to prosecute or not. Again such a referal would...

    9 lawyers agreed with this answer

  3. Can investigators leave out interviews when handing over to prosecution?

    Answered over 1 year ago.

    1. Eric J Trabin
    2. Mark H Randall
    3. George C. Mangrum
    4. David Dean Fussell
    5. Colleen M. Glenn
    5 lawyer answers

    I agree with what has been said so far but wish to clarify somewhat. The prosecutor is required to turn all statements which have been memorialized in some form to the defense, i.e., written, recorded, etc. The prosecutor also is required to turn over the name of any witnesses or anyone who has knowledge of the case. In general the prosecutor is charged with any knowledge the invistigator has whether the prosecutor is actually told of the statement or not. It would seem from the question that...

    7 lawyers agreed with this answer

    2 people marked this answer as helpful

  4. What would the worst case scenario be?

    Answered 10 months ago.

    1. David Dean Fussell
    2. Michael Adam Haber
    3. Jerry Jenkins
    4. Johnny G DeGirolamo
    4 lawyer answers

    In order to answer your question fully more information is required. One of the facts needed is whether the individual Is still on probation for the other case, if so it is possible he can get the maximum sentence on the original charge. Other facts which need to be known are the alleged facts which caused the aggravated stalking charge, the person's compliance with probation the first time, and very importantly the identities of the judge that will have the new case and the assigned...

    Selected as best answer

  5. When is the best time to turn yourself in on a warrent for a missed court date

    Answered 8 months ago.

    1. Colleen M. Glenn
    2. Michael Adam Haber
    3. David Dean Fussell
    4. Mark H Randall
    5. Bhavik G Patel
    5 lawyer answers

    Your question needs clarity in order to fully answer. The confusion arises because you mention you are waiting on probation in another case. If you are on probation and missed a court date in another case, you may have two problems not just one. Regardless, an attorney can maximize your chances that you do not have to go to court for inadvertently missing a court date. If the court issued a capias, if someone can check with the clerk's office there may be a bond amount set for your failure to...

    7 lawyers agreed with this answer

  6. How do you go about requesting an extention for nonpayment of probation and court fees?

    Answered 10 months ago.

    1. Michael Adam Haber
    2. David Dean Fussell
    3. Cynthia Marie Veintemillas
    3 lawyer answers

    If he had an attorney in Texas contact him or her immediately and try to get them to go before the judge and modify the payment terms. I also am not a Texas attorney, but the issue of payment for probation is an issue which arises in every jurisdiction. The quicker your husband can get someone to appear before the judge in Texas the better. He may be able to get an extension but success depends on many factors including what efforts have been made to pay the fees, and whether money is being...

    7 lawyers agreed with this answer

  7. New evidence that I'm innocent

    Answered over 1 year ago.

    1. William David Umansky
    2. David Dean Fussell
    3. Mark H Randall
    4. Heather Morcroft
    5. James Regan
    5 lawyer answers

    Filing a civil suit to sue the police and modifying your sentence are two different legal maneuvers.. A civil suit seeks money damages. In order to change your plea or sentence you must go before the court which has jurisdiction over your criminal case. It is difficult to sue the police for false arrest, unless they did not have sufficient evidence which met the low threshold of lack of probably cause. Prosecutors are immune from suit for the actions they take so long as they are fulfilling...

    7 lawyers agreed with this answer

  8. If a person is arrested for assault with a deadly weapon for defending herself, can she turn around and press charges too?

    Answered 8 months ago.

    1. Michael Adam Haber
    2. Heather Morcroft
    3. David Dean Fussell
    4. Robert Jason De Groot
    5. Mark Edward Campbell
    5 lawyer answers

    She needs to get a criminal defense lawyer and discuss her charges and the evidence she has against the alleged victim. It sounds like she has a case, but oftentimes facts are not as clear cut as they seem. In addition to the pictures she had taken she needs to collect the medical records which document her injuries so she will have them when she visits the attorney. Good luck.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. In a lewd & lascivious matter shouldn't you have pictures of the alleged crime scene?

    Answered 12 months ago.

    1. Paul J Knudsen
    2. David Dean Fussell
    3. Thomas G. Briody
    3 lawyer answers

    I agree, the value of pictures will depend on the facts. I have had a case reversed on appeal and then won the case based on the layout of the residence and what can reasonably be expected due to the layout of the house. There should be photographs but there is no legal requirement that there be or that they be presented in the prosecution of the case. It is however, a matter of good police practices. If the pictures do not exist, I as a defense attorney would, when I make a scene visit,...

    6 lawyers agreed with this answer

  10. Law Enforcement career with Expunged juvenile record?

    Answered over 1 year ago.

    1. David Dean Fussell
    2. Amir A. Ladan
    3. William David Umansky
    4. Amber Hill
    5. Joseph Julius Registrato
    5 lawyer answers

    As both of my brethren stated this may nor preclude your being hired by the FBI. The FBI will have access to your prior record. Keep you nose clean, do good deeds and you still have some chance of being hired once you reach 21.

    6 lawyers agreed with this answer

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