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David Bradley Dohner

David Dohner’s Answers

418 total


  • If i complete my shoplifting diversion program, will I have a clean record?

    I was never hand cuffed or taken to jail. I was however fingerprinted and I got a court date. it was a petit theft about $103

    David’s Answer

    Unfortunately, you were, based on the manner in which you phrased your question, still charged with a criminal offense. Although it seems that you have been enrolled in a diversion program which will result in a nolle pros (dismissal of charges) by the State's Attorney's Office if and when you have successfully completed the program, you will still have a "record". You will not be a convicted felon but it will be clear to anyone who investigates the matter that you were arrested and that rather than challenge the State to prove the accusations against you, you accepted certain conditions and terms in exchange for dismissal of the charges.

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  • How long can an inmate be held without being formally charged?

    My boyfriend was arrested with 8 charges total! 4 felony & 4 misdemeanor! So far the misdemeanors were given time served...so we thought & he has only one of the felonies filed against him. He has been in jail for 28 days & so far his court date k...

    David’s Answer

    My colleagues are correct so I simply wanted to share this thought with you:

    It would be important for anyone reviewing this matter to verify whether or not any of the misdemeanors are lesser included offenses of the felonies alleged. I have, on rare occasions, seen the state step on its metaphorical feet in this regard. You have stated that he has stipulated to a plea agreement on these charges. If the misdemeanors are lesser included offenses, someone has some "splaining to do" back at the SAO. LOL.

    Regards,

    Dave Dohner

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  • My attorney says that federal prosecutors are declining prosecution because the quantity of drugs is too small.

    My attorney says that federal prosecutors are declining prosecution because the quantity of drugs is too small. I don't wanna be prosecuted in Florida because drug sentences are too harsh. Florida DAs generally dismiss charges once feds take over....

    David’s Answer

    Just to be clear....you would like an attorney offering his or her thoughts at no charge on this site to share his or her thoughts with you (which could be construed as offering legal advice despite any disclaimers to the contrary) on how to continue to be prosecuted.

    I am going to pass on this one and put some popcorn in the microwave.

    Best of luck.

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  • Does the adversarial hearing matter? What happens after day 33?

    My husband has been sitting in jail for the past 29 days. The state has not filed any information and the judge has refused to lower bond. We have filed for an adversarial hearing days ago (which there was no available hearing time until almost a ...

    David’s Answer

    Yes, it provides a remedy for an individual accused of a crime, but not charged, and sitting for no clear reason (often for no reason) to resolve his or her custody status by forcing the State, which has apparently not yet filed an information or indictment to present testimony subject to cross-examination by the defense, as well as an opportunity for the defense to present contradictory evidence rebutting the allegations made at the time of arrest, perhaps prematurely and erroneously. In short, it matters and the accused should have competent counsel with him or her at that time (in fact, he or she should be working with counsel now in preparation for same).

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  • What does coordinate deposition mean?

    I am going through a divorce and child custody case and i received a letter from my ex attorney asking me what day am i available so she can coordinate my deposition, what does that mean?

    David’s Answer

    I am absolutely unclear with respect to the question of why your "ex-attorney" would be coordinating your deposition. Has he or she filed a Motion to Withdraw as Attorney of Record with the Court, and, if so, was that Motion granted or denied? Let's start there.

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  • Can my husband sue me for taking the funds out of a joint savings account

    The account was an "or" account, not an "and" account. The bank even let me close it without his permission. Now several months later, we are divorced now, he is threatening to sue. This was not in final judgment or marriage settlement nor did ...

    David’s Answer

    In consideration of the fact that the specific wording of your question dictates that any response would fall within the definition of legal advice or opinion, I would direct you to consult with an attorney in your local area. This site is intended for the exchange and offering of generalized, hypothetically proposed strategies and ideas regarding issues with specific disclaimers generally noted by any or all choosing to reply that any offering is predicated on almost invariably incomplete information. Your bank may discuss this matter with you, but it or it's counsel may have conflicting interests, so I again would urge you if you believe this "threat" to be more than just general post-dissolution bickering to consult with an attorney. Intentional dissipation of marital assets can be a problematic area, particularly if the expenditure or withdrawal of funds was concealed from view.

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  • Can u have a 3rd degree felony conviction sealed?

    I have a with hold of adjudication.

    David’s Answer

    As my colleagues have very well answered your question, I would simply add that you may wish to be wary of some of the mass marketed services which you may see on the Internet which claim to be the "experts in the sealing and expunction of criminal history (sic)", and so on, as, in most circumstances, your interests will likely be better served by visiting with a qualified local practitioner with whom you can directly interface and maintain contact concerning the matter. It is also important to bear in mind that if and when an Order Granting the Motion to Seal is signed by the judge to whom it has been presented, it must be served on each and every relevant entity or agency...not just the Clerk of the Court for your jurisdiction. This is often overlooked by some practitioners (for example, the arresting agency should be served with a copy of the Order but is frequently not).

    One last note....you can not have a "conviction" sealed. By definition a Withhold of Adjudication is the antithesis of a conviction. Therefore, unless you have misunderstood what actually transpired in your case, or have inadvertently misstated the events and actions which occurred, you are not a convicted felon. At least not insofar as the matter to which you have made reference is concerned.

    Best regards,

    David B. Dohner, Esq.

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  • My husbands attorney hasnt responded to My Counter Petition- What do I do now?

    i am pro se for now looking for a lawyer. i was served by my husbands attorney with a dissolution of marriage, i answered with the legal forms on the internet, and wanted to do a counter petition at the same time but i couldnt afford the filing f...

    David’s Answer

    The first question which should appropriately be posed is: was your Petition for Indigent Status granted? If so, then we can go further in determining your positioning. If not, your filing without the required fee would be a nullity, requiring no answer or responsive pleading (although you should have been notified by the Clerk's Office if this was the case). In all likelihood, it was reviewed and stamped approved at the same time you sought to have the Petition granted or approved, therefore, a response would have been required within 20 days of service. You may not have effectuated service properly. That is one possibility. Your husband may not be current with his respect to his own attorney's billing invoices, although this would not, absent a Motion to Withdraw filed by his attorney, relieve him or her of responsibility for answering or otherwise responding to the Petition. You can, and probably should, file a Motion for Default, after determining that you have done everything above correctly and legally sufficiently, although, frankly, given the existence and pendency of the initial Petition for Dissolution, you are not going to be granted the relief sought in your Counter-Petition without further proceedings unless the judge before whom your matter is being heard conducts his or her proceedings in a manner which I think most practitioners would find very unusual. This would be likely accurate in any respect (although unusual things do happen from time to time - which are generally reversed on appeal...LOL), but if this is a DOM with Children, a default judgment will either (a) never be entered, or (b) will be vacated upon proper motion almost invariably.

    Sorry, but these matters (in fact, almost all matters....as rulings on the merits are desired by trial courts and as a matter of public policy) are rarely if ever resolved this simply.

    Best regards,

    David Dohner

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  • How do I begin a divorce?

    my spouse committed adultery and i want to divorce him. i have a 6 month old child he has not seen since he was born due to living 4 hrs away. He hasnt helped me financially with him what so ever. he says he wants custody of him but i have a domes...

    David’s Answer

    Get Married...

    Oh, I apologize. I only read the caption, above.

    In all other respects, I agree completely with my colleagues.

    My very best wishes as you proceed down this road.

    Sincerely,

    David B. Dohner, Esq.

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