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Michael Christopher Grieco's Answers
- 342 Legal Answers
- 1 Legal Guide
3
Attorney answers:
If the officer is wearing a k9 unit shirt that does not show he is a police officer, and i fail to stop when he says to stop, ?
I think you know the answer to the question as to what the defense should be. That being said, the question is do you want to go it alone in court or retain a qualified local attorney down here to help/handle it for you? It is not clear from the information provided as to whether or not you were charged with a criminal traffic offense or simply a civil infraction. If it's the former, talk to an experienced miami criminal lawyer, as a conviction can follow you around. If it's the latter,...
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A NOLLE PROS-COM PTI IS CONVICTED A CRIME?
All of the above answers are correct, but there is a "but." No there was never a conviction, and yes, your "friend" can deny the arrest after the case is expunged, BUT it is 2012 and the likelihood that the case pops up in a background search is relatively high. Your friend should be prepared to explain away the arrest. Between Internet caches and archives, the affect of expungement is not the same as it was in the past. Good luck.
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3
Attorney answers:
Hit and run with no physical damages
You to hire someone to advocate on your behalf. A quality attorney down here, especially one who can get the ear of the likely young prosecutor handling the case, should be able to resolve the matter without you receiving a criminal charge. Your actions were innocent, but if the officer gives a different account, then you are in a predicament if you do not have counsel...meaning, if you just try to handle this alone your statements in court can be used against you when you try to explain away...
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3
Attorney answers:
What does a disposition of "DISMISSED-JASS" mean?
A) JASS is Miami's diversionary program for juvenile first-time offenders. You completed some program and that's why your case was dismissed. B) The juvenile case should have been somewhat sealed organically, but you can always try to have it sealed/expunged formally via FDLE and the courts.
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3
Attorney answers:
Can the cops come arresst me in my home for something that happened more than two months ago
Stew is right. It is legal for a felony PC arrest to happen months after an incident. But... Without a warrant, they had no legal right to come into the home. Furthermore, since your detention was invalid, you may have an argument to exclude any evidence obtained as a result of the arrest (statements, physical evidence, etc). You need to get with a Miami attorney yesterday. Numerous attorneys down here will give a free consultation. Michael C. Grieco (305) 857-0034 www....
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Attorney answers:
How strong is a case where a person is pulled over half a mile from there house while the police search a storage unit many use
There are only 2 legal/valid ways in which the storage unit was searched in your case: either they obtained a warrant or one of the people with access to the unit gave them permission to search (consent). Either way, a charge or drug possession/trafficking should not stand past arrest if there is no other corroborating evidence tying you to the narcotics/paraphenalia. You have many defenses and their preparation should start yesterday. Consult with a seasoned south florida drug/narcotics...
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3
Attorney answers:
I was charged with grand theft 2nd degree for the amount of $26,000.00 I have never been in any trouble.
I practice down here in Miami and I can tell you that with the right attorney you SHOULD avoid any jail time....there would even be a possibility of PTI. PTI is a diversionary program that allows for dismissal after payment of restitution and/or other conditions. Factors in sentencing include the victim's position, ability to pay restitution, etc. Jail on theft cases like this is uncommon, as this is a non-violent offense and you are a first-time offender. Mind you, all that has been...
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3
Attorney answers:
Violate pre-trial release
My question would be: What was the pretrial release violation? Did he/she pick up a new case or was it some sort of technical violation that can be easily explained away? An attorney would be able to go to court and either have a standard bond set (if it hadn't been set previously) or argue that the recent violation will not occur in the future. Here in South Florida, judges and prosecutors will frequently use a defendant's in-custody status to bully him/her into accepting a plea that they...
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Attorney answers:
Can you violate felony probation in florida for not having a job?
If maintaining gainful employment was a condition of your plea, but you have made provable genuine efforts to seek employment, and you are otherwise eligible for early termination, then there is no judge that should deny you what you want. The probation officer is not the gatekeeper, the court is. If your probation officer is playing hardball, then either you or your attorney need to file a motion to terminate probation.
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3
Attorney answers:
Scoresheet and prison time
Hard to answer the question. Your bottom guideline is Non-State Prison, which could fall as low as probation. But understand, these guidelines are exactly that, guidelines. The State Attorney can convey any offer between 0-5 years in prison and the judge could sentence you to the same. So it is impossible to answer what the chances are of getting prison time other than to say that 1 count of forgery is not the most serious case in the world. Here in Miami, the worst case scenario would...
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