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Carlos M Amor
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Carlos Amor’s Answers

6 total

  • What is the jail time for a warrant for failure to appear in Florida?

    My boyfriend got arrested this morning for failure to appear. His public defender told him that he was going to waive his appearance and when we didn't hear back we called and they said he had a warrant. Now my boyfriend was going to call monday a...

    Carlos’s Answer

    If the failure to appear was for two misdemeanors then you may not have to stay overnight if your county jail allows for a booking and immediate release procedure in which you are at the jail for one or two hrs for booking/processing then you get a new court date and are released.

    Some counties allow defendants to walk into the court room "off calender" and ask the judge to recall the warrant and set a new court date while the clerk is "on the record" in the courtroom. You can probably arrange this with your PD and the judges assistant and pick a day to "turn yourself in" in the courtroom in order to tell the judge you thought your presence was waived. Its better to do this when your PD is in front of that judge as well so he can explain his/her side. If your PD says you cannot do this then your county probably doesn't allow for that type of procedure as many counties do not allow this. However, it is routinely used in larger counties with heavy caseloads.

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  • I was charged with reckless driving and did 30 days in jail and how much time would i do if i violated the second month on prob

    the second month on probation for dirty piss .by the way ihad a dui before a few years ago

    Carlos’s Answer

    30 days on a reckless??? And Probation to follow?!?! Thats amazing, I will never drive through Port Orange. 60 days is the max on any 2nd degree misdemeanor, so....if your judge sentences you "to the max" on a VOP (violation of prob) then you will do another 30 days max.

    Ask the VOP judge to "terminate your probation" in light of the 30 days already served. He may terminate you AND give you the last 30 days, so ask him to terminate before you "admit" to the VOP, which is just like pleaing guilty to a regular charge

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  • Is it legal and common for criminal defence attorney to work in concert with the prosecutor to build a the guilty case

    against the client?

    Carlos’s Answer

    No. Your lawyer probably realizes how horrible your case is and how you will spend eons in prison if convicted. By playing nice with the government, he is morel likely to get you in and out of prison in no time at all.

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  • Sentencing for Simple Battery Misdemeanor

    My Dad and I were involved in a fight at a local supermarket where a guy accused me of staring at his wife. The arguement lead to him spitting on me and it grew from there. My Dad got in the middle of it and tried to seperate us and the guy threw ...

    Carlos’s Answer

    Sounds like self defense. Dont plea out before talking to a lawyer.

    TheMiamiCriminalLawyer.com

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  • If I retain an Attorney for a petit theft charge, do I have to appear in court

    Can the attorney appear for the court date and enter a plea for me or do I have to appear. What if I plead no contest can I ask to withhold of adjudication and then what happens.

    Carlos’s Answer

    You can Plea in Absentia if the Judge is willing to accept it. All you need to do is sign a plea form and a fingerprint card and send it to your lawyer before the hearing, easy peasy.

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  • Police can pull a mistreated young child (9) from school class to be interrogate without her parents being present or informed?

    This child was physical abused at school by a school substitute teacher. The administration set up an appointment with the police the day before, and I was there for the interview, but the police didn't appear. Police went the following day, sch...

    Carlos’s Answer

    It seems like the police were investigating a claim of abuse in which your child was the alleged victim. If your daughter were a suspect of a crime, then their would be more constitutional safeguards in place to protect your child's rights. However, in your case, the police needed to speak to the victim of a crime, your daughter, and Im sure they were thinking you would not have a problem with them trying to find out what happened to your daughter.

    They should have waited perhaps, but there does not seem to be a basis for a lawsuit as they were investigating a crime and they did attempt to contact you and your husband.

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