It sounds like your only "prior" record, was a case that you did PTI for, which means this new one is your only actual case. Since you entered a plea (as opposed to it being dropped or dismissed), it is eligible to be sealed. However, the charge you did PTI for would be eligible to be expunged. You can only get one sealed/expunged off your record, so I always advise clients to "save it" for a good one (though of course you hope nothing like this ever happens again, you'd be surprised how...
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It sure does. Just as Mr. Umansky noted, you can then potentially qualify to have your record expunged because even when a case is dismissed, that arrest remains on your record.
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My colleagues are correct in that this is an offense that would not qualify to be expunged, even if adjudication was withheld. There may be a possibility of reopening your case, however, with the hope of having the charge amended to an offense that would allow it. This is likely a long shot, but I have done it successfully in the past. Depending on how long ago it was when you entered the plea, and the circumstances surrounding that plea, you may or may not have that option.
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It sounds like he may have a valid defense to the violation or at least mitigation for the circumstances. It is important that an attorney handle this so that his case can be sped up or set for an early resolution if they can speak to the State to work out a negotiated plea under the circumstances. On a VOP, a person is not entitled to a bond, however, an attorney can file a motion to set bond on his behalf and show that this was a misunderstanding and he was otherwise doing great on...
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Not usually. Physical evidence (or lack of it) is not necessarily a basis for dismissal, it's enough just to have a 'victim' claiming they were assaulted or battered. However, that could indeed be helpful to the defense. Is there not a bond set? If not, this would be grounds for moving to set a bond or to ask for a bond reduction in light of this, particularly if this directly contradicts whatever the alleged victim says happened. I would suggest talking to an attorney ASAP so he doesn't sit...
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Without more specific information, it is hard to determine if there is a valid defense to the search. Generally speaking, if the grounds for obtaining the warrant were valid / legally sufficient, then they can go to the place named in the warrant to search for items in the warrant. They can only look in places likely to turn up those things listed in the warrant. Unfortunately, if the affidavit in support (for getting the warrant) was legally enough, then with what they listed, they can...
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Our firm has been successful in getting client records removed upon contacting them and providing a copy of the sealing/expungement order. If you would like more information or have specific questions, feel free to contact us.
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You could certainly do it yourself as outlined on the FDLE website. However, some attorneys may work with you on the fees depending on your situation. Feel free to contact our office to discuss your particular case and options.
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Yes you can get in trouble. If she comes around you, you are expected to leave. You need to ask the court to modify the condition to at least allow non-hostile contact (meaning you can have contact as long as its not violent or aggressive). As it is now, the day she gets mad at you for whatever reason, she can call and report you and you could be charged with a new crime and/or be sitting in jail on. No bond for violating a condition of your release. Most judges will grant this type of...
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As Mr. Umansky noted, yes this can be done, and the request is almost always put into writing via a Motion to Set Bond. Depending on the level of felony, the person could be entitled to a bond and the issue is just the amount. If it is a capital or life felony, they are not automatically entitled to one, so the person's attorney would have to argue for the exception to that rule. If this is a violation of probation, they also are not legally entitled to a bond, but one can still be requested....
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