Brian Frederick Greenwald's Answers

Brian Frederick Greenwald
Fort Lauderdale Criminal Defense Attorney.
Contributor Level 6

3

Attorney answers:

  1. Brian Frederick Greenwald
  2. Don Waggoner
  3. Christopher Nida Patterson

Under FL state juvenile criminal law does a juvenile conviction get automatically removed from record

Asked by a user in Vero Beach, FL - over 3 years ago.

Records are not automatically sealed. If you answered "NO" to the question whether you ever had a record sealed, then you're fine! Juveniles do not commit crimes, they commit acts of delinquency. If you answered "NO" to a question asking whether you have ever been convicted of, or entered a plea to a crime, then you're fine!

2 people marked this answer as helpful

3

Attorney answers:

  1. Don Waggoner
  2. Brian Frederick Greenwald
  3. Michael David Weinstein

Did the prosecutor violate my civil rights for taking more than 5 months to charge me for drug trafficking in FL state

Asked by a user in Fort Lauderdale, FL - over 3 years ago.

To directly answer your question, NO. The State Attorney's Office has not violated your rights. The State has 175 days to file felony charges, and 90 days to file misdemeanor. As to why they filed a reduced charge, probably better not to complain. The State Attorney can file the case however they please. Would you rather be facing a mandatory minimum of 25 years prison (over 28g) or a mandatory minimum of 3 years prison (over 4g < 14g).

2

Attorney answers:

  1. Don Waggoner
  2. Brian Frederick Greenwald

Can I vote in the upcoming election if I had pleaded no contest to a felony charge

Asked by a user in Fort White, FL - over 3 years ago.

If you committed the offense on or after July 1, 2004, then you are a convicted felon and can not vote. (The issue is whether or not adjudication was withheld). See, Florida Statute sec. 316.1935(6): "...no court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of this section."

3

Attorney answers:

  1. Lori Doganiero Palmieri
  2. Brian Frederick Greenwald
  3. Michael David Weinstein

Under FL criminal law what are possible consequences for violating probation

Asked by a user in Fort Lauderdale, FL - over 3 years ago.

In Broward County, it depends mainly on the specific judge. Sentences for even a technical violation because of a positive urinalysis may result in a revocation, loss of a withhold adjudication (felony conviction), suspension of driver's license for 2 years, and even incarceration. Or you may just get reinstated to the original term. Violations based upon new arrests or new law violations are considered substantive, rather than technical, and may face more severe punishments, in addition...

2

Attorney answers:

  1. Michael Gregory Malaier
  2. Brian Frederick Greenwald

What happens to the calculation of speedy trial when a mistrial is declared

Asked by a user in Yakima, WA - over 3 years ago.

In Florida, as in most jurisdictions, your right to a speedy trial is satisfied once the clerk swears in the trial jury panel for voir dire examination (panel of jurors for initial questioning).