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Bryan Andrew Lober

Bryan Lober’s Answers

118 total


  • Can I be banned from a public Pinellas county park for the rest of my life, and if so, how do I know I have been?

    I was walking with a friend at a Pinellas county park after hours near a street and a dock when a police officer had pulled us over. She said we were trespassing. We presented our ID's and complied when she asked us to leave. She made false assump...

    Bryan’s Answer

    I would suggest avoiding that particular park for twelve months from the time you were informed you needed to leave. At that point, you may wish to check, in writing, with the County to see if anything exists which would prohibit your return prior to going back. While you may be able to return immediately, I would expect problems if that particular officer returns and sees you there. After a year has passed, the officer should likely not remember you and any notes concerning a potential misdemeanor charge would be unlikely to cause you serious issues.

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  • If I got a speeding ticket in another state ,not home state, will points be added to my clean FLA record if I just pay fine?

    the out of state is making a stink, I want to just pay the fine and be done, but don't want points to my clean home state record

    Bryan’s Answer

    In my experience, points tend not to transfer. That said, I don't know of any statutory or case law prohibition that would prevent them from being able to transfer. It is theoretically possible that they may appear.

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  • How long does an appeal take? Are most appeals successful?

    Hello, I would like to know about how long does an appeal take and if they're successful. Also, since I have a 20 year sentence, will I have to complete all years or will I be eligible for parole for good time? My lousy attorney hasn't been ans...

    Bryan’s Answer

    • Selected as best answer

    Please know that appealing your criminal case to the 5th District Court of Appeals (which feeds from both your county, mine, and others) and seeing it through to conclusion could take a couple of years. There are so many variables that come into play that nobody will be able to realistically quote you an exact time frame - especially without being familiar with your particular case. If you are unhappy with your trial attorney, you should seek new counsel. There is nothing which requires you to keep your trial attorney on for any appeal(s). Whether or not he has done anything wrong, if you aren't happy with that individual, find another attorney. There are plenty to choose from.

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  • I have a water cooler that leaked 5 gallons onto my new laminate floor and ruined it. Do I have any grounds for restitution?

    Brand: Primo Less than 3 years old

    Bryan’s Answer

    I have added the following tags to this question: Civil Action, Property Damage, and Defective Products. Hopefully, someone who focuses more on civil suits will now see your question and be able to advise you of your options.

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  • I was given a resisting arrest with violence - hence i did not resist the offficer had put handcuffs on me and lied in his repor

    He actually lied and he was the one who used excessive for - he slammed me on the wall - i weight 100 lbs; this officer weights 370 - what can i do. Both my daughter and husband saw what happened - can they be used as witnesses?

    Bryan’s Answer

    You may have noticed that the common element in the responses is the suggestion that you retain counsel. In order to most effectively protect yourself and better ensure that your daughter and husband will be able to testify (should it be determined that would be the best course of action), you should get an attorney immediately. Your local voluntary bar association does not appear to offer referrals. Contact the Florida Bar's Lawyer Referral Service at (800) 342-8011. Ask for a criminal defense attorney in Lake County.

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  • I have a renter that moved in to our neighborhood & refuses to keep their dog on leash after repeated warnings.

    This morning I found the dog in my yard & took a hose to it. I called Brevard animal control to report this incident & get additional instructions. Due to the incident I fear retalition from these people. How can I protect myself? Restraining...

    Bryan’s Answer

    You should be more concerned about getting arrested. Spraying a dog with a hose for merely being on your yard may well be a criminal violation of Florida Statutes, § 828.12. You could be put in Brevard County Jail for up to a year and face a $1000 fine. If the dog is in your yard and you don't want to deal with the owners, call animal control. Do not spray the dog for simply being on your yard. It's excessive and quite possibly criminal.

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  • Any law that protects me from being randomly drug tested in school?

    its a private school which does random drug tests on its students any time it feels like. If we dont take the test we automatically fail.

    Bryan’s Answer

    As the first response suggested, private schools are able to do much more with far less restriction than public schools. Due process largely go outs the window with regard to private schools.

    As an aside, I went to public school (until college) and I can tell that I am very pleased with the overall quality of the public education system in Florida. If I could change anything about my education, it would be to have gone to a public school for my undergraduate degree.

    If you must take a drug test, you may wish to look up cross-reactivity to see if you may have taken something legitimately which would cause a positive result for a related chemical which might be prohibited.

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  • I got a ticket for driving on suspended license and I'm on Probation; do I have to report this to my P.O.

    Does my P.O. need to go to my court hearing on the suspended license?

    Bryan’s Answer

    If it was merely a moving violation (traffic citation) and not a criminal charge, it may not result in a VOP. You need to look very carefully at exactly what you received in order to figure out what the situation is likely to be. If you have any question, get in touch with a criminal defense attorney ASAP. Personally, I would advise you to at least speak with an attorney whether or not you retain one.

    If you are asked by your probation officer, you should admit that you were pulled over but deny any knowledge of this being criminal in nature (assuming you can say this truthfully). If you admit that you knew it was a criminal charge, you may be obligated to inform your probation officer; so I would avoid admitting it.

    If you can't say (truthfully) that you were unaware it was criminal, I would let the probation officer know that you will need to speak with your attorney prior to answering questions about a potential new law violation. Tell him or her that you aren't trying to be difficult or make his job any harder but you don't want to say anything until you speak with your attorney.

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  • Will I be prosecuted?

    Accused of theft of 1950 when it was borrowed and authorized. The owner says it was not, but after borrowing the money they allowed me to work two and half months after that. I do owe 14k to them for helping me with my finances but 1950 is inclu...

    Bryan’s Answer

    As Mr. Trabin suggested, you are not likely to gain by speaking with the police. At this point, they aren't necessarily trying to figure out what happened. They are more likely trying to build a case against you. If you said something that cast you in a good light, don't expect them to testify on your behalf. If you said something which is against your interests, expect to be quoted by the officer you spoke with.

    I will not go quite so far as to say that it is likely you will be prosecuted. I really could see this going either way. As we are only privy to a fraction of all relevant circumstances with the question, it's tough to say more than that with any degree of confidence.

    Get a lawyer immediately and do not continue to speak with the police or the State Attorney's Office unless you enjoy being inside of courtrooms.

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  • Do i qualify to get a deferred prosecution?

    I am currently 20 years old and was caught with an alcoholic drink at a night club. I have had a deferred prosecution once before two years ago for an open container here in Gainesville.

    Bryan’s Answer

    The State Attorney's Office usually only offers pre-trial diversion once. That said, I have seen it offered twice to certain individuals in certain circumstances. The fact that you are looking at a relatively minor charge bodes well for you. If, however, you received pre-trial diversion for the same or a substantially similar offense, I wouldn't hold your breath.

    It could absolutely go either way. Speak with a local attorney who is familiar with your judicial circuit and the particular judge your case is assigned to.

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