Jason A Hicks’s Answers

Jason A Hicks

Cocoa Beach Criminal Defense Attorney.

Contributor Level 11
  1. I need advice

    Answered over 2 years ago.

    1. Jason D. Holbrook
    2. Charles B. Upton II
    3. Jason A Hicks
    4. Christian K. Lassen II
    5. Michael Shemtoub
    5 lawyer answers

    First off, let me say how sorry I am that your family is experiencing this loss. The short answer is NO. Not right now. Do not provide anyone any information without first speaking to an attorney. DO NOT let the insurance companies take advantage of your grandfather in any way. As he was the owner of the vehicle you aunt was driving, they will most certainly try hold him responsible (or make him a scapegoat for their possible negligence). Speak to an attorney now before the insurance companies (...

    7 lawyers agreed with this answer

  2. What is the penalty for a 3rd time DUI?

    Answered 7 months ago.

    1. Jason A Hicks
    2. Gregory L. Olney II
    3. Jonathan Burton Blecher
    4. Mark H Randall
    5. Tony Anthony
    6. ···
    6 lawyer answers

    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...

    6 lawyers agreed with this answer

  3. Expungiments possible with VOPs on a felony withhold of adjudication?

    Answered 7 months ago.

    1. Jason A Hicks
    2. Mark H Randall
    3. Bennett Asbury Hutson
    4. Robert Jason De Groot
    5. Alisia Mary Adamson
    5 lawyer answers

    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...

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  4. Can I sue for a botched abortion?

    Answered over 1 year ago.

    1. Jason A Hicks
    2. Kenneth Joseph Bush
    3. Christopher Patrick Ulrich
    4. Keith G Langer
    5. Christian K. Lassen II
    6. ···
    9 lawyer answers

    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.

    4 lawyers agreed with this answer

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

    Answered almost 2 years ago.

    1. Jason A Hicks
    2. James W Chandler
    2 lawyer answers

    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...

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

    Answered about 2 years ago.

    1. Jason A Hicks
    2. Betty Elaine Jones
    3. Colleen M. Glenn
    3 lawyer answers

    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.

    3 lawyers agreed with this answer

  7. Need a criminal defense attorney

    Answered over 3 years ago.

    1. Anthony Rubino
    2. Jason A Hicks
    3. Michael Eugene Zmijewski
    4. Spencer Rhodes
    5. Lisa Michelle Figueroa
    5 lawyer answers

    I agree with the last attorney that there are many fine public defenders. However, the public defender assigned to your son may not be his first choice of representation. Being randomly assigned an attorney isn't the best method. If your son is charged with a felony, his public defender is probably experienced (probably). If he is charged with a misdemeanor, his attorney might be a recent hire just out of law school with little or no trial experience. You just don't know. Imagine needing a...

    3 lawyers agreed with this answer

  8. How long can you be held in County Jail before seeing a judge on a violation of probation?

    Answered over 3 years ago.

    1. Jason A Hicks
    2. Jeffrey David Boston
    2 lawyer answers

    You can be held with no bond until your violation of probation hearing is held. That could take months depending on the judge's calendar. If you qualify under the Anti-Murder Act then you are ineligible for a bond. You need to consult with an attorney. You probably do qualify for a bond. Usually you will be served with a warrant and sit in jail until the attorney can file a bond motion and get a hearing date. Once the court has room in his calendar to have the hearing, you will be...

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  9. HOW TO REMOVE HTO FROM DRIVING RECORD

    Answered over 3 years ago.

    1. Jason A Hicks
    2. Craig A. Epifanio
    2 lawyer answers

    If you are pulled over for driving while license suspended (DWLS) and you didn't know that your license was suspended when you drove, this is a civil (non-criminal offense) and you are just given a written citation. When you are just given a written citation, if you pay that ticket you will be adjudicated guilty (convicted). Most people do not know that if they get convicted of three DWLS charges within a five year period, they will most certainly have their license revoked by the Department...

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

    Answered 6 months ago.

    1. Shashi S Jairam
    2. Bryce Aric Fetter
    3. Harley Herman
    4. Jason Todd Forman
    5. Jason A Hicks
    5 lawyer answers

    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 "...

    2 lawyers agreed with this answer