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Jesus Novo III

Jesus Novo’s Answers

592 total


  • I failed to pay attorney now my son has warrent for his arrest,court date is set 4 next week DOUBLE JEOPARDY? ???

    He was in jail for same charge . months ago

    Jesus’s Answer

    With all due respect, your question makes no sense. Whether you paid your lawyer or not has no bearing on double jeopardy; you also say that there is an arrest warrant for your son but he has a court date next week for the same charge for which he was in jail months ago. Typically, when there is an outstanding warrant there is no court date!! My best recommendation to you is to make an appointment with a local lawyer to consult your son's case in person. Good luck

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  • What is the statute of limitations on lewd and lascivious molestation in Florida for an incident that allegedly occurred in 2011

    A 17 year old step son is claiming his stepfather touched his penis when the child was 12 years old back in 2011. can the state file a lewd and lascivious charge against the stepfather now in 2015 or has the statute of limitations expired for thi...

    Jesus’s Answer

    The SOL is a slippery slope in child molestation cases. There are too many imponderables to be able to respond properly IMHO.

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  • Does a denial on a visitor's visa affect my green card filing?

    My spouse, who lives with me overseas, and works for a global company, is about to file for my green card. I just got a request from a US client to support a product I sold them that helps them manage several large investment projects. The client ...

    Jesus’s Answer

    It will depend on the reason for the denial. If it is denied because you are inadmissible, then you are also inadmissible as an immigrant; however, if it's denied because you are suspected of being an immigrant, that will have little bearing on your immigrant petition.

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  • In an arraignment for illegal dumping/littering how do I plead so as to have an opportunity to explain my side of the matter ?

    for the past 15 years since I've owned my property the folks in the neighborhood have deposited trash across the street and the city has picked it up. In April of this year I trimmed a tree and placed the limbs on the pile of trash that was alrea...

    Jesus’s Answer

    If the explanation you plan to tell the court is what you wrote above, you may as well plead guilty; on the other hand, if you want to beat this case, then you should plead not guilty and hire legal counsel. Good luck.

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  • Sibling with POA evicting me from my mothers home. How can I stop this from happening.

    My girlfriend and I moved back in with my elderly mother a few months ago with intention to find a home and move on however I became concerned upon seeing the care my mother was receiving and the state the property was in. I decided to stay for n...

    Jesus’s Answer

    Sorry, but this is not a criminal defense question. However, you should contact a Landlord/Tenant attorney to handle your case. If you have been served with an ejectment complaint, you need to file an answer timely. Good luck.

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  • Help!!! My charges against me were finally drop but still remain on my record. How to get the charge deleted??

    I was arrest for battery against my sister back in 09' in another county (MONORE COUNTY)the charges were dropped do the fact the state did have enough evidence against me. So the state decided to no follow thru with the charges. But it still shoes...

    Jesus’s Answer

    You need to get your record sealed/expunged. Even after you seal your records, there will be entities that you still will have to disclose your arrest, however for the majority of the world you could say that you have never been arrested or charged with the crime if asked. To seal/expunge your record you will have to be eligible, that roughly means that you cannot have any criminal conviction (that includes all felonies and misdemeanors, plus criminal traffic charges such as DUI, DWLS, Reckless Driving, etc.), you cannot have sealed any previous records, and other requirements. My advice is to consult an attorney to do this for you. Good luck.

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  • Can you travel on a tourist visa while your green card is being processed?

    My wife and I live overseas in the Caribbean. We met in the US where I worked on an H-1 B and investor visa for over 12 years. We were married here (overseas) a couple years ago, I don't own a home here, we rent an apartment together. I filed for ...

    Jesus’s Answer

    If you apply for a visitor's visa while your I-130 is pending it will almost certainly be denied. A tourist visa is a non-immigrant visa which is incompatible with an I-130 petition which is for an immigrant visa. You should consult with an Immigration attorney before taking any steps.

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  • My son got ticketed by a a federal agent I think and got a court date for possession of a controlled substance.

    What can I expect when we go to court. We're going to federal court. He was ticketed with a traffic citation and charged with possession of a controlled substance. He had a small amount of marihuana on him. What can I expect?

    Jesus’s Answer

    That is very unusual! Typically Possession of Cannabis is a State offense and unless your son was somehow in exclusive Federal Jurisdiction, the federal agent probably was out of his power to give him a ticket. I strongly suggest you consult with an attorney, and he will tell you exactly what to expect and how to proceed.

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  • How to file a modification of probation/ community control without legal representation?

    I need to know where i can locate the form needed to file a modification of probation.

    Jesus’s Answer

    There is an old adage that says "an attorney who represents himself has a fool for a client"; it also applies to pro-se defendants. I can direct you to F.S. § 921.0026 and/or F.S. § 948.05, but I strongly suggest you hire an attorney.

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  • Converting restitution to civil lien in Florida.

    Hello, I am on probation for 10 years withhold adjudication. I wanted to know if it were ever possible to have my probation converted to a civil lien if the victim has agreed to that? I have served just about half of the probation and about 6 mont...

    Jesus’s Answer

    Courts are usually hesitant to convert a criminal order of restitution that is a condition of probation into a civil order, however, if the victim agrees, a good criminal defense attorney could persuade the judge to grant it, especially if you have completed half of your probation (five years, it appears) without any hiccups. I suggest you contact an attorney. Good luck to you.

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