David Stuart Seltzer's Answers

Statute of limitation for child molestation in Florida

The short answer is it depends on the age of the victim at the time the crime was committed. There is no statute of limitations if the victim was under the age of 12 at the time of the alleged incident. For more accurate information you would need to provide additional facts, so please contact an attorney. David Seltzer Miami Criminal Defense Lawyer

1 lawyer agreed with this answer

How Many times can The State change felony charges on a person before the speedy trial time period runs out?

The State can always file charges assuming they can meet the legal standard. To prove the charges to a jury, the State must prove the facts to a judge/jury beyond a reasonable doubt. As to changing/amending the charges, the State can amend the charges as they see fit and as often as they like until speedy trial period runs. Speedy trial is 180 days in Florida. If you have not waived your right to a speedy trial, amending charges after the 180 days will lead to various legal issues, of which...

1 person marked this answer as helpful

My daurter made false accustions about abuse because she was mad and dcf was called and came and talked to me and my children

Children make false accusations and they never understand the consequences. It is the job of the Courts and DCF to determine if there is any validity to the claim. That being said, you never know how someone will interpret an allegation so I always advise clients under investigation by DCF to consult an attorney to make sure they are fully protected and your rights are not violated. David Seltzer Miami Criminal Defense Attorney

What is the sentence for burglary/asslt/armed,child abuse/no harm, crim mis /0-200

Armed Burglary is a very serious charge and can carry up to life in prison if convicted. Child abuse no harm can carry up to five years in prison, while the misdemeanors are less than a year depending on the level. If you or someone you know is facing a charge of Armed Burglary you should definitely contact an attorney who can advise you of your situation based on your facts and circumstances. Sincerely, David Seltzer South Florida Criminal Defense Attorney

#1 Should I represent myself on this shoplifting charge? #2 Do I have to pay a related $200 statuatory civil damages claim?

Don be shocked to see additional letters if you don't pay the first one. The one's that follow will always indicate an increase in the "penalty." Don't stress over the civil letters, they will come and continue to come, but how you deal with them is your choice. As for the criminal case, you have options. Depending on how you resolve the case, you may qualify to seal or expunge your record. So it is in your best interests to at least speak to an attorney for advice as to how to proceed....

What crime is it called when roommate comingles their paycheck with yours promises to pay your car payments etc and not paying

It depends on the facts of your specific situation, but if someone without authorization takes property, currency, or thing of value and does so without permission it's theft. The degree of theft depends on the value converted/stolen. You can file a police report, or contact an attorney to assist you in resolving this matter. Good luck.

Restraining Order/State's Attorney's Office

You can always file for re-hearing or a motion to amend/modify/dismiss, but without more information it is difficult to assist. My advice is to contact an attorney to review the various restraining orders and advise you of your options.

What would be my consequences for commiting a 2nd degree felony

A second degree felony in the State of Florida is punishable by up to 15 years in State prison. That being said there are a host of variable factors that go into a sentencing. It also depends on where you are charged to - ie: felony circuit court vs juvenile court (penalties are the same - 15 years but facilities/programs vary depending on court). Or whether you plea vs trial. In order to better understand your situation you should consult with an attorney.

When arrested on a VOP in another county in florida what is the limit of days to be held? What if the other county does not come

He should be picked up pretty quickly due to the proximity. They usually pick up within Florida in 10 days.

I recieved a speeding ticket and failed to pay..i did not recieve a court date ....yet.I live in Illinois..what should i do?

You need to clear it up, otherwise you will be faced with a DL suspension. Out of state or not, this will continue to pop up and be a pain in your side. Hire a local MIA attorney to address it. What they should do is file a motion to set this matter down for court and then once in court they can move to eliminate any traffic school and/or points. But at least it gives you resolution to this matter.