Ira W. Still III's Answers

Florida criminal punishment score sheet

This is a good question. The scoresheet does include offenses where you received a "withheld adjudication." You probably were not counseled that way when you pled out and got a withhold. Withheld adjudication means you are not "convicted" on that offense --BUT--it WIL score out on the scoresheet if you have another later case. In addition, all juvenile crimes are scored out if they were received within 5 years of your current offense. Be careful! When you review your scoresheet, look at...

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Non-dui arrest

As my colleague has pointed out, you really need to give us more factual details of the situation. For instance were you injured in the accident and taken to the hospital? Why were you in the hospital otherwise? Were they drawing blood to test for alcohol level? Was there a breathylizer? Did you do any roadside tests? Did you give any statements to the police? Were they oral or taped statements? Have you seen the police video? Who else was in your car or the other car if there was an...

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Criminal Defense: Immigrant In holding for Conspiracy to Distribute Drugs

You have not given enough details of your friend's case to fully comprehend where he is and what is holding him. If he is in a state prison facility, then he either pled to some felony charge on a negotiated plea that he accepted or he pled open to the Court and was sentenced or he went to trial and was found guilty by the jury and thereafter sentenced by the court. Perhaps he was arrested on some charge and taken to jail and, thereafter, the State decided not to charge him with any crime....

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If a victim wants to have contact with the criminal is that possible and can you write letters or visit the criminal?

If your friend is in jail, the best advise you can give him is do not try to contact the victim or witnesses. First of all, all calls from the jail phones are recorded and the State Attorneys have computer access to the conversations and transcripts. Supposedly, attorney numbers that have been listed with the jail will be exempt but currently, in Broward County, we have learned that the State Attorney does not think it is unethical to tap into these conversations and try to use it against the...

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Felony battery

This is a Broward County case. You should be prepared to be subpoenaed to Court as you are the victim. The State Attorney's Office will tell you that they have picked up the charges and that you have no authority to drop those charges. If you just don't show up, the prosecutor will have their investigator pick you up and bring you to Court. They have had so many of the domestic violence cases go down this way that they take a very hard line on it. The State will ask the Judge to hold you...

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Dui expungement

Florida Law does not permit you to seal a DUI or Reckless Driving charge, nor can you expunge those charges. I cannot tell you what Oregon law is but my educated guess is that it is the same as Florida. You need to check with an Oregon lawyer to find out for certain. If I am correct, you will be facing this Florida DUI with the Oregon DUI showing up and that will be a second DUI for you. Florida does not allow diversion for the DUI and, what's more, Florida Law requires an adjudication on...

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FL criminal defense, appeal law, appeal of manslaughter conviction denied, possible to appeal the decision

With the appeal having been denied, your son is now in the postconviction stage. He can file a motion under Rule 3.850 in the trial court. He must file that within 2 years of the final order on appeal. He will need to bring all of his possible postconviction claims in his postconviction motion as the Courts usually only allow one such motion today. He can file his own motion. The prison facility will have the forms for this and there is no filing fee. It must go to the trial court and the...

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Dwi

You have this listed as DWI but from the facts as you stated them it appears that your brother was charged with robbery possibly with a firearm. You said that he was in jail waiting for trial for 2 years and then the Judge gave him 99 years as his sentence. It sounds like he had a trial and the verdict went against him as opposed to having taken a plea. Was there a murder associated with the armed robbery? Was the State prosecuting an armed robbery before the murder trial so they could use...

Can you sign a waiver of arraignment with a public defender

My able colleague has answered your actual question completely. You haven't asked this, but I will offer it as an addition. At or before arraignment or within 30 days after arraignment, you can apply for Pre-Trial Intervention. If your restitution is under $5,000 and you have no priors on your record, you may be able to enter this PTI program. Broward requires you to proactively apply and get into PTI. In Miami, the State will offer it at your first appearance, but not in Broward....

If someone were to violate a special condition of their probation how likely is it for that person to go to prison?

There is more to the analysis of your case than you have given details. If you violated a special condition, you might be able to get an extension to complete the special condition but you would have to proactively seek the Court's help before you are violated. If it is a money or payment condition, the court may not violate you. If your violation amounts to a new crime, the court will likely order jail time or prison time. If you had a withheld adjudication, the court will likely now...