Larry Thomas McMillan’s Answers

Larry Thomas McMillan

Miami Criminal Defense Attorney.

Contributor Level 15
  1. What should I do immediately following a DUI accident?

    Answered over 1 year ago.

    1. William David Umansky
    2. Larry Thomas McMillan
    3. Thomas Klemens Almquist
    4. Scott J. Corwin
    5. Colleen M. Glenn
    6. ···
    9 lawyer answers

    First, never drive under the influence. Being outside the vehicle with the keys removed would make it more difficult for the police to prove that you were driving or in actual physical control of the vehicle. Do not speak to the police or anyone about the accident. Ask to speak to an attorney. If the state cannot prove that you were driving on in actual physical control of the vehicle it will make it VERY difficult for them to charge you with DUI. Call me if you have any questions...

    20 lawyers agreed with this answer

  2. I received a DUI, but my license has not yet been suspended by the DMV. Can I drive?

    Answered over 1 year ago.

    1. Larry Thomas McMillan
    2. Don Waggoner
    3. James W Chandler
    4. Andrew Richard Parks
    5. Joseph Peyton Lea III
    5 lawyer answers

    Do not drive. Although the DMV may grant you a permit, you do not have it , nor has it been confirmed that you are entitled to one. Your attorney should call DMV and find out the status of your permit. If you get caught driving without a permit, you are looking at jail time. Be smart, call you lawyer.

    Selected as best answer

  3. How long can the state prolong a trial if the defendant has asked for a speedy trial?

    Answered 11 months ago.

    1. Valerie Erwin Prevatte
    2. Larry Thomas McMillan
    3. Robert Jason De Groot
    3 lawyer answers

    If you filed a "Demand for Speedy Trial" the state has 60 days to bring you to trial.

    14 lawyers agreed with this answer

  4. My grandson's attorney is telling him to talk to the state investigator without her present. Is this good advice?

    Answered over 1 year ago.

    1. James Donald Garrett
    2. Sergio Cruz
    3. Larry Thomas McMillan
    4. Don Waggoner
    5. Michael Leonard Mastrogiovanni
    6. ···
    9 lawyer answers

    You have asked very good and pointed questions. However, without more information about the case and your grandson it will it will be difficult to provide you with meaningful answers. If you have hired an attorney, I suggest that you call the attorney and schedule an appointment to sit down and discuss the case strategy with him/her.

    14 lawyers agreed with this answer

  5. I committed 3rd deg. grand theft as a LPR but was not convicted. I wanted to know will I ever be able to apply for citizenship.

    Answered over 1 year ago.

    1. Kara Lien Roberts
    2. Amir A. Ladan
    3. Larry Thomas McMillan
    4. Shahzad Ahmed
    5. Nicolas Andres Olano
    6. ···
    8 lawyer answers

    You can apply but the question is will you qualify for citizenship? Grand theft is a crime of moral turpitude. As such, it may very well become a problem for your citizenship. When did you commit the grand theft? When did you take a plea to the charge? We may be able to vacate your plea.

    14 lawyers agreed with this answer

  6. DUI Expunge (Orange County Clerk of Court)

    Answered over 1 year ago.

    1. Roger Scott Jr.
    2. Larry Thomas McMillan
    3. Majid Vasigh
    4. Brian J Esposito
    5. Thomas Anthony Sadaka
    5 lawyer answers

    First, are you eligible to have a DUI expunged? Did the court or prosecutor dismiss or drop the charge? If not, you cannot get the charge expunged. If you were convicted for the DUI or anything you will NOT be able to get your record expunged or sealed.

    13 lawyers agreed with this answer

  7. Can you violate probation for DUI for a dirty urine sample if you have not bin read you don't know ur conditions yet?

    Answered over 1 year ago.

    1. George C. Mangrum
    2. Larry Thomas McMillan
    3. Jackson Keith Hilliard
    4. Roger Scott Jr.
    5. Majid Vasigh
    6. ···
    6 lawyer answers

    Yes this can be a violation of your probation.

    13 lawyers agreed with this answer

  8. Will this be considered my 3rd DUI or Second DUI.

    Answered over 1 year ago.

    1. Larry Thomas McMillan
    2. Bryce Aric Fetter
    3. Deanna Elaine Ebanks
    4. Mark H Randall
    5. Corey Ira Cohen
    6. ···
    7 lawyer answers

    More than likely it will be treated as a third.

    13 lawyers agreed with this answer

  9. Can the state [Florida} bring into question a defendant's criminal background, if he or she decides to testify at their trial?

    Answered over 1 year ago.

    1. Nick Jay Dorsten
    2. David Christopher Hardy
    3. Larry Thomas McMillan
    4. Annemarie Rose Rizzo
    5. Joseph Julius Registrato
    6. ···
    7 lawyer answers

    The jury can only hear about prior convictions. They cannot go into the details of the prior offense unless you deny that it is yours.

    12 lawyers agreed with this answer

  10. Can I get arrested for grabbing someones face?

    Answered over 1 year ago.

    1. Stewart Valencia
    2. Jason Michael Reid
    3. Joshua Eli Adams
    4. Larry Thomas McMillan
    5. Corey Ira Cohen
    6. ···
    11 lawyer answers

    A misdemeanor battery is an unlawful touching. What you describe could be considered a battery. I would suggest that you contact a criminal defense attorney in the jurisdiction where the incident occurred. Good luck.

    12 lawyers agreed with this answer