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Jason A Hicks

Jason Hicks’s Answers

106 total


  • How can new laws be used to punish old offenses without violating Ex Post Facto Laws?

    I was hearing about new Police regulations that were going to be used to arrested people with old offenses just to get them out of the public. Ex Post Facto Laws applies to any condition used to punish someone. They claim they can hold anyone unt...

    Jason’s Answer

    Please don't take offense but much of what you wrote seems convoluted and confused. When you mention "police regulations" to arrest people with old convictions and those people will he held without bond, are you referring to people with old violations of probation? If so, law enforcement often conducts sweeps to arrest people on old but active warrants for old violations of probation. I am not sure if this is what you are referring to.

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  • Can I pick my son up for weekly visitation with a Business Purposes only Class -C License?

    I have 50/50 custody and pay child support, does picking my son up for weekly visitation fall in the guidelines of "LIVELIHOOD" ?

    Jason’s Answer

    As you can tell based on the difference in answers depending on who you ask, you are learning about the grey area in the law of "what does and does not constitute a Business Purpose." The televant Florida Statute reads defines a business purpose as limited to any driving necessary to maintain livelihood, including driving to and from work, necessary on-the-job driving, driving for educational purposes, and driving for church and for medical purposes. Is picking up your child for visitation "educational, church, job, or medical" driving? As sad as it is, I don't think driving for visitation counts as a business purpose as it is defined. There is very little case law on BPO law to fill in the grey areas. As you can see, a police officer might not think it is BPO driving and arrest you. Ultimately, I think a reasonable prosecutor would choose not to prosecute your case if he or she believed you were driving for visitation and not for pleasure. However, dismissing your case would follow getting arrested, bonding out, hiring a lawyer, and going to court. BPO law is ill defined and a grey area of the law. So, tread carefully.

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  • Expungiments possible with VOPs on a felony withhold of adjudication?

    The case was a grand theft (retail theft) one. It'll probably change to a felony conviction since the two subsequent violations were petty theft related. My case was transferred out of state since I was visiting FL when this occurred. Will a p...

    Jason’s Answer

    • Selected as best answer

    Short answer, you will not be eligible for an expunction in Florida if you received a withhold of adjudication on a felony charge. As for whether your VOP will be dismissed, you mentioned subsequent thefts. I take it you were re-arrested while on probation for two additional thefts. I would be shocked if a judge dismissed a violation of probation based upon two new law violations (the same type of offense mind you - thefts) because you went to bible study, etc. Entering into bible study is not a defense to the new charges, nor is it a defense to a violation of probation. That being said, I am not telling you that no valid defense exists to any of the charges you are facing. Perhaps there is a defense to all of them. I wouldn't know, nor would anyone on this website, without having reviewed the entire case files for each accusation. An attorney would go over your case with a fine-toothed comb looking for defenses, technical or otherwise. Violating felony probation with new law violations based on the same or similar-type charge is treated very seriously by a judge. I think you need to take this seriously as you may very will be facing incarceration. Forget an expungement unless you were somehow able to "undo" the original grand theft and get that dismissed, and also get the two new theft charges dismissed, and also not have any prior criminal history. Your focus should not be on expungement but staying out of jail or prison at this point.

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  • What is the penalty for a 3rd time DUI?

    does it have to be a felony?

    Jason’s Answer

    Whether your third DUI arrest is treated as a felony or misdemeanor depends on how long ago the prior convictions were. For a third DUI arrest to be treated as a felony, any of the prior two convictions for DUI must have been within 10 years of this third arrest. A felony DUI is punishable up to 5 years in prison and a fine of not more than $5000. That is the maximum penalties (that doesn't mean you will get 5 years in prison). In addition, upon conviction your license must be suspended for 10 years. All of these penalties come in addition to other mandatory penalties such as DUI school, mandatory treatment, ignition interlock device placed on your vehicle, community service, random drug testing, etc. You do not want a felony DUI conviction for many reasons. Get a DUI lawyer to review your case. There may be defenses to your case that are not obvious to you (technicalities) that a train lawyer may find.

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  • Can i be arrested for dui if i was not in my car at the time ?

    Got a call from someone saying my friend was beat up at a bar, girlfriend and i went to see if he was ok. I tried to approach my friend where they were attending him with his injuries. The police at that time pulled me away and then said he smel...

    Jason’s Answer

    In order to be convicted of DUI, the State has to prove that you were driving OR in Actual Physical Control. To be in actual physical control, the state has to first prove that you were in or on a vehicle. If they claim they saw you driving to the scene, and then get out of the car, then they will argue they saw you driving. If they saw you get out of the driver seat, then they will argue they saw you in Actual Physical Control. If they never saw you driving, or never saw you in the driver seat, they will have a hard time proving that you were in or on a vehicle. That doesn't mean it is impossible to prove, but very difficult. This opens up many defenses for you. It all depends on what the police claim they saw with regard to your positioning in or on that vehicle. Don't take this case lightly. DUI's will follow you on your driving record for life in Florida. They have extreme financial impacts (fines, probation, costs, car insurance, license suspensions, missed work, etc). Call a Central Florida attorney who understands the local process.

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  • With a first time DUI (didnt consent to breath test) within the 10days can I request hardship license and waive formal review?

    I was advised that I could register for the level 1 class and then proceed to go into Hardship Driver Licenses office in Melbourne and request a hardship license by waiving formal review hearing. I was told it would be granted more than likely.

    Jason’s Answer

    You may be able to waive the formal review and immediately get a hardship license assuming you don't have any prior refusal suspensions or suspensions for some previous illegal breath test. However, this should only be done after meeting with a knowledgeable attorney to see if there are any defenses to the license suspension. Often I advise my clients to waive the hardship if they are eligible to do so. However, sometimes I tell them to fight the suspension if there is a defense that exists. Waiving the formal review is not a "one size fits all solution." It should only be done if the facts of your case require it. Also, this must be done within 10 days of your arrest. Waiving the formal review is not as simple as heading into the bureau of administrative reviews office on Babcock and handing Karen $25. Certain things need to be done prior like enrolling in the DUI school. And enrolling in the DUI school is not as easy as strolling into their office. Talk to a local lawyer in Brevard that intimately knows the process to ensure that your driving privilege is secure and protected. Don't play around with your livelihood during this quickly eroding 10 day period. Good luck.

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  • I have an adjudication withheld on a larceny, petty..does this mean if a job does a background check it won't show up??

    I was working at a gas station and came in to cover another person's shift...we did not change registers nor did I count the register before taking over as it was an emergency situation for the previous clerk...when I left the store the next morni...

    Jason’s Answer

    I agree with the majority of what the other attorneys have posted previously on this topic, however I'm not sure they explained what "adjudication withheld" means. Adjudication withheld means that you were punished for the crime and given penalties, but you were not convicted. In other words, if any application (job or college etc.) asks if you have been arrested, you must answer yes (unless your record was expunged). However when asked if you were convicted, you can safely answer no so long as you have no other criminal history. Usually adjudication withheld follows a plea of no contest or guilty. Once you have entered your plea or have been found to have committed the crime, the judge can grant mercy and withhold adjudication so that you are not convicted. Practically this means that you are eligible to have your record sealed but not immediately expunged. Having a record sealed is a smart move because in 10 years from the date of the sealing, you will be eligible for an expungement. Once your record is expunged, the record of your arrest and plea or trial will all be destroyed. That means that when asked if you have ever been arrested, you can safely and lawfully say no. It is smart to protect your record as it follows you for life. Get it sealed, and then when eligible, get it expunged. Most Brevard County Criminal Defense Lawyers will handle these proceedings.

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  • Can I sue for a botched abortion?

    About 4 months ago I had a medical abortion from a well known dr well I went home that evening and was in so much pain I went to the ER and basically they said it looked like there was tissue left inside. They gave me meds to pass it which didn't ...

    Jason’s Answer

    The short answer is yes you may very well have a case. You need to act quickly because there are short timeframes one must act within which to make a claim in med malpractice cases. Attorneys will handle such a case at no cost to you (called a contingency fee) and they get paid out of any settlement reached or verdict awarded. You shouldn't have had to go through this. Feel free to call my office at 321-868-2585 or my cell at 407-383-7461 to discuss this issue at no cost to you.

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  • Will FL DMV make me get ignition interlock on a second reckless reduced from dui. It was NOT in the plea agreement.

    Car in my husbands and my name (we are divorcing) But was purchased for my daughter for school and pizza delivery at papa johns.

    Jason’s Answer

    • Selected as best answer

    The DMV should not order an ignition interlock device for a second reckless driving conviction even when reduced from DUI if it was not made part of the plea agreement with the State and the Judge did not add that provision at the time of sentencing. I would disagree with the last post that claimed if you blew over .15 but still got a reckless driving conviction (as opposed to DUI), you could be subjected to the ignition interlock device. The ignition interlock device can only be required by the DMV for a DUI conviction. You did not suffer a DUI conviction so that provision would not apply to you regardless of a breath result.

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  • I was arrested for a felony and the case resulted in adjudication withheld can I pass a background check for a weapon purchase.

    I was given 2 years probation and released from probation after 1 year. My crime was a non-violent crime (drugs)

    Jason’s Answer

    If the facts stated in your post are correct, you are NOT a convicted felon. If adjudication was withheld, you were not convicted for that felony. Felons are not allowed to possess a firearm. Since you are not a felon, you should not be disqualified for that reason. So long as there is no other lawful reason why you would be forbidden to possess a firearm, you should be eligible.

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