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William David Umansky
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William Umansky’s Answers

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  • If a person writes a statement against someone but then refuses to testify can that statement be used in court???

    my son is charged with aggravated battery on pregnant person for hitting his wife in face while they were fighting she wrote a statement and pictures were taken she has since changed her mind about pressing charges because she hit him as well can ...

    William’s Answer

    Yes the pictures can be used in court against your son. Her statement may be used to impeach her credibility if she changes her story. As a former Domestic Violence Division Chief, i can tell you we prosecuted many cases where the victim changed their story and that we questioned her on her prior statement.

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  • Should I get a lawyer in the county of arrest to expunge my record or can I get one in my current county?

    I lived in Tallahassee and got a felony arrest but went through pretrial diversion. I live in Orlando now should I seek an attorney here or return to Tallahassee and hire someone for the process?

    William’s Answer

    In my opinion you are better getting someone in Tally. I do a lot of expungments here in central Florida but I think you should get someone local in case there is a hearing!

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  • What's a decent plea deal for driving with a suspended license (3rd degree Felony)?

    A family member was arrested and he was the only one in the car, so it would be extremely difficult to show any sort of innocence.. It's his third time being charged, so this time it's as a Felony. What sort of a deal should he be shooting for?

    William’s Answer

    Can he get his license? If so then a misdemeanor no valid dl or a civil citation for failure to carry dl would be ideal.

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  • Is it legal for video of a witness testimony, in an interview room, to be published on the news

    I was a witness for the defense in a crime. I was asked to answer some questions for a detective. We went into an interview room where questions were asked and answered. The case was supposed to go to trial but never made it that far because the a...

    William’s Answer

    If you are an adult then the answer is yes.

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  • What do I do after civil demand letters?

    About 4 month ago I got arrested for shoplifting. The cop put me down on the computer but she talked to her chief I guess and she let me go home. I received the Civil Demand letters and ignored it like many of the lawyers on this told me to do so....

    William’s Answer

    I am curious as to why a court date did not get assigned for over four months. Were you arrested for a felony charge? If it was in Osceola County, I am really shocked because i have handled cases there for over 19 years and they are usually not that slow. I have an idea. Research lawyers on this site and pick at least two you want to see. Go see someone and if you are not comfortable, go on to the next. I wish you the best of luck!!

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  • My fiancé was arrested for an out of state warrant he was not notified why he was being arrested he was not read his rights

    He was also tased twiced that I was a witness for he said three he is also African American . A sheriff came to the jail to say try to have him sign something to have his rights read in jail... He refused

    William’s Answer

    Ms. Glenn is correct. He was likely offered to waive his extradition to the other state. If he waives it he will usually be transported within 15- 30 days. If he fights extradition it may be considerably longer. In most cases, when police are arresting someone for a crime outside of their jurisdiction, they are usually not reading Miranda BC they typically are not interrogating the person. However if the police did question him, those statements may be thrown out upon an appropriate motion.

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  • I received a citation for careless driving with three violations pertaining to the offense.

    I was pulled over the other evening and the officer asked me for my information at which point I handed it to him. He stated he pulled me over for the following violations: changing lanes in an intersection, following too close to a vehicle, and d...

    William’s Answer

    You need to run your case by a local criminal lawyer to view the tickets. Are you sure you got a citation for careless? Or was it for Reckless driving? Reckless is a criminal violation requiring an appearance in court. How fast did he say you were going? If you were sited with speeding and doing 30 over you may have a mandatory court appearance although it is not a criminal violation.

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  • Should I fight or take the pre trail diversion for DUI ?

    to begin with I have already consulted a few attorney, and some have already mentioned that I can get the case evidence suppressed because of a "bad stop ",but there is no guarantee for a complete case dismissal because some judges can do whatever...

    William’s Answer

    You can go back and forth on this but the real answer is in your tolerance for risk. Just know if you lose the motion to suppress, the prosecutor is not likely going to offer diversion any more. If that's the route you may consider going to trial if you feel you were not impaired.

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  • Will the federal government shut down extortionist mug shot websites eventually ?

    I can pay one company to have my arrest info removed, but upon further research I notice that the same company is running a different website under a another name, thus creating the image that they are separated. However people are paying and I re...

    William’s Answer

    • Selected as best answer

    It's bullshit if you want to know the truth. I hate these companies. We expunge people's records and then these companies charge exorbitant monies to make you remove your picture. It's disgusting.

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  • I'm currently on PTI in Florida with no violent victim contact, and I've become the victim of domestic battery. Will I violate?

    I was placed on probation (pre-trial intervention) in Florida with a no violent victim contact order attached. Yesterday, I was forced to call the local sheriff's office after I was assaulted by my spouse. When I told her I was calling, she fled t...

    William’s Answer

    I agree with both my colleagues. I believe you need to contact your lawyer asap and prepare a strategy in anticipation that your spouse could turn the story around on you. If you were not the aggressor you should be ok but remember that the prosecutor will see yiu through the prism of what your were originally charged so there may not be a lot of sympathy.

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