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Ernest L. Chang
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Ernest Chang’s Answers

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  • If I received a with hold of adjudication of guilt on felony Resisting with violence do I still have to register as a felon?

    last week my public defender said i could resolve my case by pleading no contest and then i would be givin a withold of adjuciation on resisting with violence. he said that it wont be a conviction. I did some research on the internet and it says...

    Ernest’s Answer

    Unfortunately, even though the court withholds adjudication of guilt, you must still register as a convicted felon. The way the statute is written, even a person who receives a withhold does still have to register.

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  • I plan to hire an atty to file a motion for early termination of my 1 yr. misdemeanor probation

    The halfway mark would be June 17 so I would want it filed in such a way that it can be heard as soon as possible after June 17 so I can plan summer travel if we succeed. All monies are paid up now, there are no stipulations against early term in ...

    Ernest’s Answer

    Generally, your attorney would probably want to have everything completed, including your community service hours before filing the motion. Get it done and advise your lawyer.

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  • Does my criminal record go away after 10 years if the case was "no filed"?

    i heard that if your case was dismissed that it will automotically be destroyed after 10 years? is that true?

    Ernest’s Answer

    No. Although your case was dismissed. There is still an arrest record and a court file. A petiton to Seal?expunge needs to be filed.

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  • My daughter is in Brevard County jail for '817.034.4.A.3-A ORGANIZED FRAUD OBTAIN PROPERETY LESS THAN 20000 FELONY THIRD DEGREE'

    She was released on Community Supervision with the express order to have no contact with co-defendant. She took his phone calls, and she is now back in jail, bond has been revoked. There was an early resolution hearing that was cancelled. Now ther...

    Ernest’s Answer

    There are many factors that are likely to have an impact on your daughter's case. Her prior record or lack of it, her role in the fraud scheme, etc. Consult with a lawyer about the specifics of her case. Only after evaluating the specific facts of her case, and negotiating with the prosecutor can a reasonable resolution possibly be reached. The community supervision officer (PO?) does not make recommendations on sentencing.

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  • Can I legally own a handgun in FL if I was convicted of felonies as a juvenile?

    My juvenile felonies consisted of possession of cannabis and possession of a concealed weapon when I was 15-16 years old and as an adult I have only been convicted of DUI when I was 22 years old. I am now 24 years old.

    Ernest’s Answer

    • Selected as best answer

    The DUI would not have any effect on your possessing a firearm. IF you were adjudicated as a delinquent, and that crime would be a felony as an adult, , it would be a crime to own/possess a firearm if you were under age 24.

    See Florida statute 790.23:

    (1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device, if that person has been:

    (a) Convicted of a felony in the courts of this state;

    (b) Found, in the courts of this state, to have committed a delinquent act that would be a felony if committed by an adult and such person is under 24 years of age;

    (c) Convicted of or found to have committed a crime against the United States which is designated as a felony;

    (d) Found to have committed a delinquent act in another state, territory, or country that would be a felony if committed by an adult and which was punishable by imprisonment for a term exceeding 1 year and such person is under 24 years of age; or

    (e) Found guilty of an offense that is a felony in another state, territory, or country and which was punishable by imprisonment for a term exceeding 1 year.

    (2) This section shall not apply to a person convicted of a felony whose civil rights and firearm authority have been restored.

    (3) Except as otherwise provided in subsection (4), any person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

    (4) Notwithstanding the provisions of s. 874.04, if the offense described in subsection (1) has been committed by a person who has previously qualified or currently qualifies for the penalty enhancements provided for in s. 874.04, the offense is a felony of the first degree, punishable by a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.

    ss. 1, 2, 3, ch. 29766, 1955; s. 1, ch. 63-31; s. 9, ch.

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  • What do I have to do to qualify for early termination for probation?

    I know that my probation fees/costs must be paid in full if i want to be granted early termination but I'm wondering if my restitution/court costs have to be paid as well. I have to pay $30 a month for that but I am unemployed and do not have any ...

    Ernest’s Answer

    Yes. Before you can file a motion for early termination, all terms and conditions must be completed, including fines, court costs, etc.

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  • I was charged with Petit Theft... What can I expect?

    I was charged with petit theft. I am 20 and this is my first offense. I am scared because I got a letter in the mail asking to pay 200 dollars. If I dont pay, will they will sue me for more money? I didnt steal more than 100 dollars. My court date...

    Ernest’s Answer

    I would recommend that you seek the advise of a lawyer and find a way to get them to assist you. Given that this is your first offense, there may be ways to resolve this case so that it is dismissed or adjudication withheld, meaning that it may possibly be sealed at a later date. A colleague suggested diversion may be possible. If you simply cannot afford a lawyer, ask to have a public defender appointed and discuss all options with them.

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  • It is possible to seal or expunge a first-time DUI arrest record if the charge was dropped?

    I pled "Nolo Contendre", and the charged was dropped after I accepted a "Reckless Driving" charge and conviction in its place.

    Ernest’s Answer

    It sounds like although the DUI charges were dropped or reduced, that you pled guilty of the Reckless driving charge. If so, whether your case is eligible to be sealed or not would depend on the exact charge you pled to and the disposition. If you were adjudicated guilty of the reckless driving, then you would NOT be able to seal this case. If you received a "withhold" on the reckless, then you may be eligible to have that case sealed. Consult with a lawyer to evaluate your case and make a determination if your case is eligible to be sealed.

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  • My brother was detained by store security guard who thought he "may have shoplifed" Emphasis on the words "may have"

    (Arrest report even uses the wording "may have") He was subsequently arrested with no investigation whatsoever. He had no merchandise on him nor will there be any video as he took nothing and has no record. He is as straight as an arrow and h...

    Ernest’s Answer

    If he had no goods on him and there is no video showing that he took anything, then I would not expect the Satte to prosecute a theft charge (Unless the video shows that he "attempted" to take/conceal property. In any event, I would suggest hiring a lawyer to defend any possible criminal case. Once that has been accomplished, then civil lawsuits may be considered.

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  • Is it a felony if i have a CDL license and got a DUI, but was not driving a commercial vehicle?

    I was pulled over and refused the breathalyzer test. My pending charges are showing misdemeanor, but everyone that I've spoken with is saying that it's an automatic felony if you have the CDL. I don't believe that this is applicable because I wa...

    Ernest’s Answer

    It is not an automatic felony simply because you have a CDL. However, even a misdemeanor conviction will have an impact on your driver's license and may affect your CDL status. Consult with a lawyer to handle your DUI case.

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