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Helmuth Solis

Helmuth Solis’s Answers

5 total

  • Hold for div 4/ Burglary/Unoccupied conveyance

    Online on a comment case i read "hold for div 4" what does this mean?

    Helmuth’s Answer

    Does the person have another open case? In Miami this could mean the person is currently on probation and will not be released on the new case until the person sees another Judge to resolve another issue. A bondsman or a criminal lawyer who specializes in Miami cases could answer this question quickly if you contact them and provide a bit more information.

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  • I wasn't read rights dui/ parked .not drinking /week after my mother died. Was 10 mths ago. 1ST time arrested. pre- trial set.

    Paid lawyer $2000. Won formal review. I asked trial months ago, Lawyer quit. He said though was for whole case. I had open container. Lawyer now public defender. Could I get off because not read rights? Thank you!

    Helmuth’s Answer

    I have won several cases in which my client was seated in a parked car, however this does not mean the State cannot go forward. The definition of "actual physical control" of a vehicle ranges from jurisdiction to jurisdiction, but some of the factors include the location of the person, the keys, and the registered owner of the vehicle. The Miranda rights issue is not relevant. I am sorry to hear about your mother, my condolences.

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  • Does the prosecutor have to disclose who is actually testifying for the state when participating in discovery for a VOP?

    I have an upcoming hearing for a misd. VOP where the charges that caused the VOP were No-Filed. The prosecutor sent their discovery which is simply the arrest report and the VOP charge. The report names the witnesses, arresting officer and the v...

    Helmuth’s Answer

    On a violation of probation, there must be an affidavit filed with the Court that indicates the alleged violation. At this point, the Defense is on notice that the government can call any witnesses relevant to prove this allegation to the legal standard being a preponderance of the evidence. A Judge could give the Defense anywhere from 30 days to prepare for the violation hearing.

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  • I was paralyzed in an auto accident which I received a DUI and pled guilty is their any way to change things now?

    I was in a single car accident which left me paralyzed from the chest down. I received a DUI in the mail and was given a court date. At the time I wasn't sure I was going to live and didn't even try to fight it so I pled guilty and just took what ...

    Helmuth’s Answer

    I am very sorry to hear about this incident and wish you the best. My question is whether you had an attorney at the time of the original plea, and whether or not you were mentally competent at that time to waive your rights. I believe it to be reasonable you were suffering from extreme duress at the time of the plea, and the plea could be set aside. I wish you the best

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  • I was arrested for dui in Tennessee but I am a Florida resident with a valid Florida license

    I was able to stay in Tennessee for my first court date where I applied for a court appointed attorney. I was given a new court date, but because of financial reasons and lack of transportation I will not be able to return to Tennessee. What's goi...

    Helmuth’s Answer

    You need a local lawyer to handle this case. A motion to proceed in absentia could be helpful in order to waive your presence. The ramifications of your driving privilege in Tennesssee may or may not affect your Florida Drivers License. You should check the status of your Florida driving privilege online to be sure.

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