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Rafael Enrique Millares

Rafael Millares’s Answers

15 total


  • Speeding ticket that i pled not guilty for because i wanted to fight it. i paid the bail amount but i cant make it to the trial

    they gave me the date where i needed to pay the bail amount and i took care of it. the trail date however i am unable to make because i have somewhere extremely important have to be and just relized it ... what happens in this case.. i know i lo...

    Rafael’s Answer

    I recommend that you hire an experienced Traffic Attorney who practices in the area where you got the ticket. Many of these lawyers specialize in appearing in court for Defendant's who are out of town on day of the hearing. In Florida some Judges require that the Defendant appear personally on traffic case but most do not, as long as that defendant is represented by legal counsel. I urge you to hire a local traffic lawyers as soon as possible.

    Thank you

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  • What are the ways my daughter can get a license in Miami, Florida?

    My daughters license was suspended in Georgia about a year ago and they said all she had to do was pay $1800 for her warrant and license. So the license is paid off and she has no warrant, Now they said she would have to wait a year before she can...

    Rafael’s Answer

    Hello,
    I would like to answer your question but I need to clarify a few things first:
    Who told you that she has to wait one year... Georgia or Florida?
    Was your daughter ever designated as a Habitual Traffic Offender in either state?
    If yes, then your daughter's driver's license may be suspended for up to 5 years.
    If that is the case then it is possible that the person you spoke with told you it would be one year before she could get a "hardship license" which allows her only to drive to and from work, church, school and possibly the doctor etc.

    In short, I would like to help you but I need more information.

    Thank you.

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  • Will background check reveal I was in a Pre-Trial program?

    In 2009, I was arrested for Petit Theft. It was my first and only offense, so the judge allowed me to enter the PTD program, which I completed successfully. I was recently hired for a job but one of the background check questions was, "have you ev...

    Rafael’s Answer

    I agree with the other attorney's answer but I would like to add something to it. The idea behind PTD is obviously to give first time offenders a break so as not to ruin their lives. Most employers know that and usually chalk a PTD dismissal up to a one time mistake by the prospective hire. That being said, your background search will show that there was a charge and then a "dismissal". Have you considered doing a seal and expunge? If you need help with that please do not hesitate to give me a call.

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  • Can I get a Hardship license even though my license are suspended for worthless checks and court fines?

    If I remember correctly, my license where suspended in 2006.. I have checked on this and was told I could get my DL back once I pay off all the checks, court cost and court fines... But, If at all possible I need a hardship license to get to and f...

    Rafael’s Answer

    I could tell you with certainty if you were to get me your driver's license number so that I could check with Tallahassee. Based on the information that you have provided.... you will need to either pay off the outstanding debt that is causing your license to be suspended or at the very least put yourself on a payment plan before your local DMV will grant you a hardship license. If you need further assistance please don't hesitate to call my law firm Estrella Ticket Defense at 305-503-4124. We help folks just like you resolve their driver's license issues every day.

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  • I was arrested for public drinking at the comcast center parking lot. Is this legal since its a private property venue?

    I was singled out of nearly 50,000 people, I am 25 years old and was with all adults. We were all asked to show proof of our age by showing our license, and then told to have a good time. About an hour later the police came by, singled me out and...

    Rafael’s Answer

    I would need to know a little bit more info in order to answer your question. What is the specific statute number or local ordinance that you were charged with breaking? Based on your answer it sounds like you accepted a plea offer from the Judge. If you feel that you are innocent, based on the statute's specific language (ie. the law your were charged with breaking) then I recommend you speak to an experienced attorney in your area. you may only have a limited time to file a motion to vacate your plea offer and re-open your case. Caution, don't do anything until after you have spoken with an attorney in your area.

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  • Is it possible to actually get charged with D.U.I. even if I was't drinking or doing drugs?

    I work 3rd shift and one night I had a panic attack and got sent home from work. A friend gave me some of her medicine and told me to take it and lay down. I got home around 2am. I went sraight to sleep. The next day I got up 5 minutes before ...

    Rafael’s Answer

    The short answer is yes, you can be charged.

    In Florida, If the officer feels that he can prove you were driving while your "normal faculties were impaired" then, in theory, you could be charged with a DUI. It doesn't matter that all you drank was Nyquil.... The standard may be slightly different in SC but generally States have similar DUI laws.

    I recommend that you contact and experienced DUI attorney in your area immediately.

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  • What should I do if i got a DUI but blew a 0. they took me to the hospital for a drug screen and taken xanax the night b4

    I had an anxiety attack at wrk on a tuesday night, I work 3rd shift. I ended up having to leave work bc it was so bad. A friend at work gave me a xanax and told me to go home and lay down. Since I had taken it I had someone come pick me up and ...

    Rafael’s Answer

    The legal advice that your require is way more complex than what can be answered via this forum. I highly recommend that you contact an experienced DUI attorney in your area immediately. In Florida, Blood testing results can take a while, so sometimes we file a demand for speedy trial if we feel that the State will not have its blood results ready in time for trial. However, this and other legal techniques are complex and can backfire on you if you don't know what your doing. An experienced attorney who has handled DRI (drug) DUI's will know how to best defend you. Be aware that timing is critical since you may only have a limited time to try to save your license from being suspended. I would call an attorney right away.

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  • I got my 2nd DUI offense within 5yrs, and received a revocation of 5 years in Florida. Can I get my restricted license in Cali?

    Both of these DUI's occurred within the 5 year period in Florida, the last one being in 2010. I have since moved to California, and become a Registered Addiction Specialist at a In-patient drug and alcohol treatment facility. I have attempted to h...

    Rafael’s Answer

    This question cannot be fully answered without doing some research first. The first step should be for you to order your official Florida Driving Record. You can do this online or you can call us or any experienced attorney and we/they can order it for you. Based on what we see on your driving record, we can tell you whether you are or are not eligible for a Florida Hardship license. With a Florida hardship license on hand, at least you have a better shot at being able to drive legally in CA. However, I do not know at this point if CA is officially aware of your FL revocation or not. Sometimes State DMV's talk to each other and sometimes they don't. Once I finished the CA side of my research I could give you a complete response.

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  • My wife was rear-ended and was charged with dui, she took a blood test, how can we get results of this test?

    we are rhode island residents the accident took place in rhode island. it was called a misdemeanor. she does not drink at all and does not take any drugs

    Rafael’s Answer

    Since DUI is typically charged in state court as a misdemeanor and not a civil infraction you have the right to see all of the evidence that the prosecutor is planning on using against your wife. That includes the results of any blood test. They must share that evidence with you through a process called "discovery." The discovery process is regulated by state-specific rules of criminal procedure. These rules can be complex and nuanced so I recommend that you hire an experienced DUI attorney so that he/she can guide you.

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  • I was caught shoplifting groceries for $30. Is there anything I can do preemptively to help before court

    This is a first time offense. I'm a 27 yo recent college graduate with no job. Am on food stamps

    Rafael’s Answer

    You should speak with your attorney and/or your public defender well in advance of going to court and ask them this very question. Ask them if they recommend that you take an anti-shoplifting course on your own or do community service as a pre-emptive move showing good faith and regret to the prosecutor, the grocery store and the Judge. Have you returned or paid for the merchandise? Have you offered to work for free at the grocery store for a day to make amends? Your attorney is in the best position to answer this question. I wish you the best.

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