Won't go into this in too much detail, but possession of a firearm by a convicted felony is a felony in Florida. See Florida Statute § 790.23. Courts throughout the State and the country, and even the U.S. Supreme Court, have either explicitly upheld or have acknowledged the validity of statutes which prohibit possession of a firearm by a felon. Even after Supreme Court cases in the last few years where the Court has invalidated restrictions on firearms (i.e., District of Columbia v. Heller...
Generally, the maximum punishment is 5 years in state prison for a 3rd degree felony. That's the maximum - if you have no prior criminal history, it could be less. But, there are a whole bunch of different factors - what was the crime? What were the circumstances? Is there a victim and what do they think should happen? Did you go to trial or take a plea? You need to talk to a lawyer to discuss your case and all of these factors.
I highly recommend you get a lawyer, who can hopefully try to work with the prosecutor re the situation. You can call my office to discuss further if you'd like; I frequently can work out a payment plan to fit your budget.
Fully agreed with the comment above. In Florida, these sorts of agreements are generally enforceable - however, the enforceability depends on a variety of factors - if it is too strict, it may not be fully enforceable and that may help you get some leverage in your negotiations. Reviewing this closely with a lawyer will help you in negotiating an exit from your company - the small cost in hiring an attorney can be a worthwhile investment to insure you get the best deal possible.
I agree - take the agreement to a lawyer and it reviewed. I'm not sure how the noncompete agreement relates to OSHA, but only on reviewing the actual clause will you be able to gauge whether or not it is likely enforceable.
It's really difficult to tell without some additional information. Is this a criminal matter? Civil? What is the subject of the testimony? A witness might have a weakness or may have said the wrong thing but it may not impact the weight of their testimony - it depends heavily on the circumstances of the case and what you are trying to prove. Not sure what type of case this is, but speaking to a lawyer can help sort out how this could impact a case.
Hi there. There are significant differences in classifications of crimes and sentencing between states. I think you might want to repost your question in one of the Avvo forums for New York. We might have some attorneys here who are licensed in both Florida and NY, but most of the attorneys here practice in Florida and can best answer Florida-related inquiries.
The State can delay your arraignment for a variety of reasons.
First, the basics - an arraignment is where the state's charges are formally presented against a defendant, and where the defendant has the opportunity to enter a plea, which is usually not guilty at that stage. Usually your attorney does this for you, whether private or public defender, as well as requests discovery (the evidence against you) from the state.
The more important question is whether the state has...
First, a clarification - the bond issue is an issue of "pre trial release" - bond is a form of pretrial release, as are ROR, etc, a determination of which is usually required within 24 hours. However, the conditions of pre trial release can be modified at any time pre trial, so long as there is a change in circumstances. Yes, this is usually before arraignment - but it doesn't have to be - it can be any time before trial.
It is strange that it got noticed for 3 weeks from now, but its...
To your first question, assuming you have no other cases, you can safely answer that you have no convictions. Successful completion of pre trial diversion leads to a "nolle prosequi," meaning the state drops all charges against you. That said, if you are asked if you've ever been arrested, you should be truthful and say yes because your record of arrest is still public.
To the second question, because your cases ended in a dismissal by the state, you probably don't have to wait to expunge...