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Christopher Charles Pennington

Christopher Pennington’s Answers

19 total


  • How does divorce court look at massive dissipation of marital assets (due to adultery) over a four year period prior to filing?

    The four year period prior to divorce filing included several documented marital separations, severe documented emotional and physical trauma to the plaintiff . Two of the four years were immediately prior to the filing. Would the court possibly t...

    Christopher’s Answer

    Although Florida is a no fault state as to divorce, dissipation of assets due to adultery is taken into account in the equitable distribution of property. If you are able to prove the expenditures at your final hearing in Court, this will result in a division of property which compensates you for the money spent out of the marital estate as a result of the relationship. I would start with obtaining bank and credit card records and conducting a comprehensive deposition on the matter.

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  • In November, 2012 I paid JustMugshots.com 159.99 for removal- can I do anything as it has resurfaced on their web?

    On November 25, 2012 I paid 159.99 to Just Mugshots.com for removal of a mugshot. I paid thru paypal - I have confirmation from Just Mugshots support that they not only removed from thier site but 6 others in google - a little over a month ago, th...

    Christopher’s Answer

    These people are scam artists. The only thing you can do is attempt to research their company on various government websites to see who their registered agent is and get them served with a lawsuit alleging violations of libel (defamation), various privacy torts, including false light, possible fraud, breach of contract, unjust enrichment, and anything else you can throw at these people. The best way to address Mugshots is to pursue an expungement or sealing in the Court that sentenced you, if you are eligible. You would need to hire a lawyer to pursue this. I imagine that there will be class actions arising because of these websites not so much about the picture, but about any information that they provide in addition to the picture.

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  • What I need to do to prevent a deficiency judgment on a property that was taken by HOA and is still on foreclosure by BOA

    and New York Community Bank as second mortgagor Is it Florida a non recourse state? If so, may I use this recourse to stop deficiency? both loans were to buy this property

    Christopher’s Answer

    The fact that the HOA has taken the property back in Foreclosure does not absolve you from the underlying debt on the note. Fortunately, BOA cannot pursue a deficiency judgment until it completes the sale of the property, which has been exceedingly difficult in Florida. Further, interest rates appear to be rising which would likely affect their ability to resale. (DISCLAIMER: I am not an economist or financial planner). New legislation in Florida has reduced the statute of limitations for seeking a deficiency judgment to one (1) year. In sum, it is highly unlikely you would have to pay the deficiency. If you do and it is a substantial sum, then consider bankruptcy.

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  • Dui defense delraty beach fl need to know...

    considering: this is second DUI but 1st was more than 5 years ago. This time involved a minor low speed accidentI(bumped car in front)No damage,no accident report. Neeed attorney what should i expect to pay for a defense/ .179 alcohal breath test ...

    Christopher’s Answer

    Please call me for a quote. I would charge a base priced based on the level of the charge and and assessment of the amount of motion practice needed. I also charge a trial fee. You are going to get a wide range of prices, but I would insist that the trial fee be a separate fee based upon what you have told me.

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  • Son is on 24 months probation, he failed urine test for alcohol when meeting with his probation officer.

    He has since met with his probation officer 2 more times and has passed the test. Friday night seen on the HCSO website he has a warrant for his arrest with no bond for VOP. He will be consulting with his attorned on Tuesday, since it is a holiday...

    Christopher’s Answer

    How a Judge handles VOP's varies wildly from county to county. What might earn Defendant a mere admonishment (a lecture from the judge) might earn a Defendant 90 days jail in a more conservative county. Turning himself in is a good idea because it earns brownie points with the Judge and he his violation is relatively minor as it is a technical violation for a legal substance. His attorney should be able to get him a bond hearing ASAP, get him out, and then his attorney can request that he be required to do some additional community service in exchange for a dismissal of the VOP or as part of plea to the VOP. You want to avoid pleading to the VOP because you accrue sentencing points if he is charged with a felony.

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  • What happens if i fale my first pretrial releas pee test?

    I have not smoked for over two mouths but my pee still comes out positive i toke a clinical pee test and it came out positive i told my doctor i use too smoke ten blunts a day before i got put on pretrial release and she said thats the reson why m...

    Christopher’s Answer

    Ten blunts a day - wow. Well, are you still in the presence of those who smoke cannabis? That could possibly have an effect on the urine test. If you enroll in the Center for Drug Free living out-patient, you will be in a much stronger position to argue for a bond once you hire an attorney to get you out of jail if your PTR is revoked.

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  • May I ask You,pls

    What's the definition of charges dropped and dismissed incriminal law?Is charges will exist after that in criminal backround? Thank You

    Christopher’s Answer

    There are a couple possibilities. An Assistant State Attorney can decide to file a NO INFORMATION after you are arrested if they think that law enforcement didn't give them a good case. After the State files formal charges against you, which is called an INFORMATION, you can potentially get a nolle prosequi (in our circles its called a nolle pros). That means that A.S.A. dropped your case. Either way, the arrest itself and the record of the arrest will remain in the Court system and people can still do an internet search and find it. Your remedy is EXPUNGEMENT of the arrest.

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  • Me and two others was charged with Grand Theft 300< collectively as a group. Is it possible for them to drop being over-charged?

    Neither of us have a lawyer, but are getting assigned to a DA. My total of items came up to $200, but the retail store had it written up as $950 because we were together. My main question is: is that a correct conviction or did they over-charge me...

    Christopher’s Answer

    It is arguable that you are both principals in each other's crimes, that is, you aided the other in the commission of the other's crime. In that case, they can charge you with the full amount. You are essentially labeled as an accessory to their crimes, and as such, you are liable for any alleged crimes committed by these other individuals.

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  • I was falsely accused of a criminal traffic violation. It's been 6 months now and nothing has been filed on the court docket !

    I was falsely accused of a criminal traffic violation. It's been 6 months now and nothing has been filed on the court docket ! The police report clearly shows the victim was hit by a car that is totally different from the car that I drive by eye ...

    Christopher’s Answer

    The government is required to reach disposition on your ticket with 175 days of it being issued, with the day of the ticket not counted in those 175 days. They are likely past the speedy trial period and could not legally file the ticket. Under the facts provided, I think you are in the clear, but, it would best to have an attorney review the ticket and confirm in the docket that you are not mitaken as to the facts of your case.

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  • Possession With Intent To Distribute A Controlled Substance and Possession Of A Controlled Substance, in the 851.

    In a 851(a) section can a conviction be used that was obtained in violation of the laws and constitution of the United States even thought it is on a person State Record. Do the 851 process allows a person to challenge the validity of a prior...

    Christopher’s Answer

    I ran 851(a) just through Google and I see that it implicates Federal Law - 21 U.S.C. 851(a) use of prior convictions for Federal Sentencing purposes. While I do not practice Federal Law, the statute on it's face does not appear to allow you to challenge the prior the conviction. The prior conviction was rendered under State law, and you might have remedies. If this is a Florida case, you could challenge the conviction on Fla. R. Crim. P. 3.850 grounds, that is, you had ineffective assistance of counsel, but you must have filed this within two (2) years of your conviction. Otherwise, I believe that the Federal Judge will defer to the record and not allow you to challenge the prior conviction. You should hire an attorney that practices both Federal and State Law in the jurisdiction that you are referring to.

    As to the second portion of your question, I do not understand what you are saying, other than it seems that the Federal Prosecutor did not classify your priors correctly. Again, this is an issue of Federal Law because it sounds like you are in Federal Court.

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