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Vincent Jacques Antoine Tubiana
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Vincent Tubiana’s Answers

24 total

  • What happens when you got charged for drug possession in a different state from where your probation is?

    My friend got a drug possession and paraphernalia charges in north dakota few days after his probation started. His probation is from the state of Florida though and he just have to mail the fines and monthly probation fee. They didn't send the pa...

    Vincent’s Answer

    The fact that your friend was charged with a crime in an another state may trigger a violation of his probation in Florida. This would result in a warrant being issued for his arrest, and he would then face a violation of probation charge back in Florida. This means that if he is stopped for a random traffic infraction, then his arrest warrant will pop-up when they perform a background search. He'll surely get arrested, and depending on how Florida wants to handle this may determine whether he is extradited back to the Keys to face the VOP charge.

    His defenses to the VOP will be slim because he already closed out the case in ND. If Florida catches on to the other ND case, he'll needs to see whether there is any chance of reinstating his probation without necessarily re-appearing in Florida. He definitely needs to consult with an attorney in the Keys who specializes in criminal defense.

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  • Can you appeal to terminate probation because it's only a misdemeanor and first offense?

    My fiancé has got his charges reduced to public disturbance. He was asked to pay the fines, etc and do community service and 6 months probation. Is there any way that we can appeal to have the probation terminated as it is his 1st offense and char...

    Vincent’s Answer

    Generally speaking, a defendant in a criminal case has 30 days in which to appeal the sentence from the date of the order. However, another alternative that may work for your fiance is that he may petition the court for an early termination of his probation assuming he has completed all conditions of his probation and served at least one half of the probationary term. Your fiance should definitely consult an attorney if he wishes to appeal his sentence, or possibly explore an early termination of his probation.

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  • Can I get charged for a DUI, if I was not arrest at scene or given a ticket for DUI?

    I was pulled over, and was charged with two tickets: one for damaging public property and leaving the scene (I did not realize hit a bush backing out) the other insurance no proof (tho my car is insured). However my car did not have any damage, al...

    Vincent’s Answer

    Yes, you can be charged with a DUI even if you were not arrested at the scene. In addition, make sure you hire an attorney for any court date--including what may appear to be a simple traffic ticket. I've seen to many pro se defendants appear in court to their detriment.

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  • Why would WC want to settle before anything has been done to treat injury?

    Hurt lower back at work,3 bulging disc,annular tear 8mm transverse at L3-L4,at L4-L5 bulge 7mm, right paracentral annular tear.Dr ordered epidural I haven't got yet, no pain meds and it's been over a month since he ordered shot.I got a letter to ...

    Vincent’s Answer

    It does not appear as if you and your attorneys are on the same page. You should call your attorney and arrange for a face-to-face meeting where all of your questions can be answered. Lawsuits are very technical so you may not have a complete understanding of the process.

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  • How do I know that my attorney has done everything to get me the best possible plea deal?

    I've never been arrested or in trouble EVER. I was in an arguement with a neighbor who was drunk and being verbally abusive to me. I hit her one time. She called the police and I was forthcoming and told them I hit her. I was arrested b/c she pres...

    Vincent’s Answer

    Ask your attorney to determine whether you qualify for any diversionary program where, upon successful completion, would result in a dismissal of the charges against you. If you don't like the plea offer, you can pay another attorney to review the State's discovery, and provide with a second opinion.

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  • What state do I need a lawyer in?

    I was arrested in college for unpayed parking tickets 10 years ago. I then got pulled over with a suspended license(which was suspended because of my first offense with the unpayed tickets) got arrested, and did not appear in court. I was a scare...

    Vincent’s Answer

    Although I do not have all of the specific information to your case, from what I can gather, you need to determine whether there is an active warrant for your arrest in the county where you were initially required to appear in Court. If you have an outstanding warrant, you need to hire an attorney in that jurisdiction in an attempt to resolve that warrant. This is more serious that a suspended license, as this warrant and arise during a traffic stop, or at the airport, and you may be taken into custody and possibly extradited to the county where you missed court.

    If you want to obtain a driver's license, you need to contact the DMV in that specific state and determine whether there are any holds from any other state. Once you determine where those holds originate from, and what those holds are, then you can hire an attorney in the originating state to attempt to resolve those issues.

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  • Can you move out of a state (FL) but stay in the U.S. before court for a 3rd degree felony?

    moving date before court date. No probation officer yet. Possible it will be dropped to a misdemeanor

    Vincent’s Answer

    Presumably, you were under some conditions of pretrial release. This means there are certain things you must do while you await the disposition of your case. For example, not use alcohol or drugs; stay away from a "victim"; undergo random urine analysis; etc. Although there may not have been any specific condition restricting your ability to relocate, I would err on the side of caution and contact the pre-trial services office to discuss this issue.

    If you have an attorney, he or she can file a motion with the court asking that the conditions of your pre-trial release be modified to the extent that you would be allowed to relocate. It would be the trial judge's discretion whether to allow this to occur.

    In addition, your ability to relocate may also be governed by the conditions the judge provided when you posted bail. Assuming your were not ROR'd (Released on your Own Recognizance), you may also want to contact your bail bondsmen to determine whether there are conditions attached to the bond he placed on your behalf--one of these maybe relocating from the State.

    Be sure to retain an attorney as soon as possible--Whether it is a Public Defender (assuming you can qualify), or a private attorney.

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  • My friend was arrested for DUI, He already received his bail

    He is out of status, It has been more than 48 hours that he has been inside after getting his bail. ICE has not come to pick him up. But still police are no letting him out. What should we do

    Vincent’s Answer

    The disposition of your friend's charges could negatively impact his immigration status. An immigration attorney is needed at once so that he/she can work in combination with your criminal defense attorney.

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  • Can I be drug tested after a warrant has been issued and I have been removed from pre trial services program?

    I am in a pre trial services program for dui arrest. I tested positive for alcohol and they issued a warrant, so I have been removed from the program. Can they test me for any reason before the warrant is resolved?

    Vincent’s Answer

    I am a bit confused with your question. Are curious whether you have violated certain conditions of your pre-trial release (i.e. no alcohol) while your case awaits trial? Or, has your DUI charge been resolved, and you were placed on probation where certain terms of your probation consisted of not consuming any alcohol? Regardless of your situation, the answer is generally, Yes. Whether you are awaiting trial, and have been released from jail following you initial arrest, the Court has the right to impose certain restrictions on your behavior which is monitored by pre-trial services. If one of those conditions is not consuming any alcohol, then they are usually within their right to randomly test you for alcohol. If you test positive for alcohol, or violate any other condition, the Court may rescind your pre-trial release and issue a warrant for your arrest.

    In the event your case has been resolved and you are now serving probation, you will want to look to the specific terms of your probation. It is very common for judges to impose special conditions of your probation which may include not consuming any alcohol while you are on probation, or subject you to random urine analysis. If you fail the urine test, or just don't show up, then the prosecutor may proceed to charge you with violating your probation which is definitely followed with a warrant for your arrest.

    Regardless of your situation, I would strongly suggest retaining an attorney. Or, if you cannot afford an attorney, you may qualify for the services of a public defender at no immediate cost.

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  • If I transfer my Community Control in Florida to another county, what county will I have to ask to modify it?

    I dont want to move and have to make a trip just to modify my conditions

    Vincent’s Answer

    You must file a request with the court who presided over the substantive case which resulted in you being placed in community control. In short, the county where the case originated.

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