Michael David Weinstein’s Answers

Michael David Weinstein

Fort Lauderdale Criminal Defense Attorney.

Contributor Level 9
  1. Can I secure a public defender or another attorney after my sentencing?

    Answered over 5 years ago.

    1. Michael David Weinstein
    2. Craig A. Epifanio
    3. Nicolas A. Gordon
    3 lawyer answers

    I would start by looking at your retainer agreement with your current counsel to see his or her obligations. If they have ended and the public defender cannot take your case, you can interview attorneys to see who would be willing to be engaged for a flat fee "(one last nominal lump payment)". You should be able to retain competent counsel under a flat fee agreement.

    2 lawyers agreed with this answer

  2. Under FL criminal law what are possible consequences for violating probation

    Answered almost 6 years ago.

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

    You are subject to the Maximum Penalty under the Florida Criminal Punishment Code. Your attorney should get you an offer from the State prior to any Violation Hearing.

    2 lawyers agreed with this answer

  3. 3rd Degree Grand Theft In Broward

    Answered almost 6 years ago.

    1. Michael David Weinstein
    1 lawyer answer

    If the warrant is Bondable, then yes, he should be able to post bond and be released. In Broward, as in all counties in Florida, the victim will have a say in the ultimate offer. Moreover, Restitution will almost certainly be part of any plea bargain. Having said that, typically, on a first offense Grand Theft, a Probation plea with restitution is offerred.

    2 lawyers agreed with this answer

  4. FL criminal code, consequences for shoplifting

    Answered almost 6 years ago.

    1. Michael David Weinstein
    1 lawyer answer

    I actually went to trial on a case with very similar facts not to long ago. Thankfully, the Judge dismissed the case halfway through. As I see it, your first option is to have an attorney contact the Prosecutor's office (anything she says can be used against her) and see if they would consider not filing the charge. If they do file, you will then go through the legal process...but these facts are ripe for Pre-Trial Intervention, and/or defending at trial.

    3 people marked this answer as helpful

  5. If I havent paid off my restitution will it prevent me from being an employed as a Detention Deputy Sheriff?

    Answered over 5 years ago.

    1. Michael David Weinstein
    1 lawyer answer

    Law Enforcement is an occupation that is an exception to the confidentiality of Juvenile Records. Although you may have to track down the proper amount and where the money goes, it is never to late to pay the Restitution.

    1 lawyer agreed with this answer

  6. I failed a drug test in fort lauderdale florida, im on probation for 2 years and have served 13months

    Answered over 5 years ago.

    1. Michael David Weinstein
    2. Dominick Christopher Russo
    3. Adam Leo Bantner II
    4. Michael Jared Brown
    4 lawyer answers

    If this occurred in Broward, your best bet would be for an attorney to contact your Probation Officer to see whether a violation has been filed and a warrant signed by a Judge. A Judge may allow a surrender in court. Further, the State can be contacted to try to get a resolution to the violation before the warrant is even served.

    1 lawyer agreed with this answer

  7. I was arrested leaving a store carrying a bag for my neice that had stolen clothes in it. I was charged with grand theft retail

    Answered over 5 years ago.

    1. Michael David Weinstein
    2. Dominick Christopher Russo
    2 lawyer answers

    Mr. Russo's answer is correct. In addition, if you did not know the clothes were stolen, and have evidence of same, that can be given to the State Attorney's Office, who have the ability to not file that charge.

    1 lawyer agreed with this answer

  8. Well i just wanted to know if i have a warrent for my arrest can my family be in danger with the law.I hope not cause im 19

    Answered over 5 years ago.

    1. Michael David Weinstein
    2. Don Waggoner
    3. William David Umansky
    4. Adam Leo Bantner II
    4 lawyer answers

    Your family can be charged if they give false information to law enforcement.

    1 lawyer agreed with this answer

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

    Answered almost 6 years ago.

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

    In addition to what the other attorney's said, you may need an affidavit from your bondsman if additional charges were filed.

    1 lawyer agreed with this answer

  10. How long does it typically take to get permission from a judge to leave the country?

    Answered over 4 years ago.

    1. Michael David Weinstein
    1 lawyer answer

    It depends if the court requires a hearing or not. Some Judges require a hearing in court to hear the matter. This may take a little time to get on the court's docket. Others may review the matter in chambers and issue a written order. Either way, I would suggest your attorney contact both Probation and the State to see if they can get an agreement before it goes before the Judge.

    1 person marked this answer as helpful

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