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Gary Jay Schwartz

Gary Schwartz’s Answers

4 total

  • I have a warrant in a neighboring county. can the city police that i live arrest me?

    i have an arrest warrant in Leon county. i was wondering if the Leon county police would be able to come to my house and arrest me even though the warrant was issued in another county. also, if i got pulled over in Leon county, would they arrest m...

    Gary’s Answer

    This is an excellent question, but hhn dole answer is yes. Any law enforcement officer can pick you upon the outstanding warrant. If you were picked up on a warrant in s adjacent county, the issuing county would typically be given a period of time to come get you. If you are picked upon the county of the issuance of the warrant, you would be held there until such time as you were able to bond out

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  • How can the state charge you of a crime with no evidence from the investigating officer and only the statement of a 5 year old.

    We have a hearing to request for the bail/bond to be reinstated, what things can be done to convince the judge that the state pressed charges without evidence or probable cause, that papers were "pushed through" so to speak in order for the accuse...

    Gary’s Answer

    Unfortunately, one child's word can be enough to convince law enforcement to make an arrest, and the prosecutor to file charges. This is especially the case with regards to allegations where it is unlikely that other types of corroborating evidence may exist, such as allegations of touching a child sexually. Believe it ot not, the word of a five year old child can become damning evidence to a jury if the child is believed. Just the power of an allegation of sexual misconduct upon a child weighs heavily on a jury, who typically believe that there is no reason a child would make such an allegation without something behind it. These are incredibly serious and difficult cases. It is crucial that you retain the services of a serious and competant attorney as soon as possible.

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  • How do you request to go before a judge for a failure to appear because you can not have anything pending to enter the military?

    received a criminal trespass misdemeanor, failed to appear in court trying to go into the military

    Gary’s Answer

    When you fail to appear in court it is likely that a warrant will be issued for your arrest. It is possible to hire an attorney to file a motion to quash the warrant. Each judge is different, some will require your presence at the hearing to explain that your failure to appear was unintentional, while some may insist that you are in custody before the judge will address the warrant. Regardless, you really need to hire an attorney to present a motion to address the failure to appear. Your attorney can also address the underlying trespass in an attempt to maintain your record to preserve your ability to enlist.

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  • What are the sentencing points in florida for failing to register

    sentencing points for failing to register as sex offender

    Gary’s Answer

    Failure to Register as Sexual Offender in the State of Florida is what is known as a Level 7 Offense. Felony offneses in the State of Florida are assigned a level 1 through ten based upon their seriousness. A point value is assigned to each level. A level seven offense carries 56 points. This breaks down to scoring 21 months in the Department of Corrections. Complicating this number is the fact that points usually need to be added for the prior offense, which made the Defendant a Sexual Offender in the first place. While Failure to Register is really just a "paper crime", the Florida Legislature has made it a serious offense, with fairly drastic consequences.

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