Skip to main content
Robert David Malove
Avvo
Pro

Robert Malove’s Answers

119 total


  • My PTI Officer told me it is at the judges discretion to be dismissed from the 12 month felony drug court program. Is that true?

    She told me If I behave and meet all requirements, classes, and all clean drug tests, the judge can dismiss me from drug court and diversion classes early. Is that true, I thought you guys said It was something only up to the state. She has told m...

    Robert’s Answer

    False. By statute and by administrative order anyone who is enrolled in the pretrial diversion program or drug court must complete the program as specified and is not eligible for early termination.

    See question 
  • Miami. DUI and Ctitizenship

    Hello. i was convicted for a DUI 1st offense in 2014. No criminal background before. Just finished my probation and everything mandatory. I live in the US (green-card holder) since 2009 and volunteer for 2 years helping peoples. Can appl...

    Robert’s Answer

    Leocal v. Ashcroft, 543 U.S. 1 (2004), held that aliens may not be deported after being convicted of DUI if the DUI statute that defines the offense does not contain a mens rea element or otherwise allows a conviction for merely negligent conduct.

    See question 
  • I have withheld adjudication on my dui felony. Can i get my record sealed?

    I have a dui felony and it is making it impossible to get a job or apaartment. I have withheld adjudication. Can i get it sealed?

    Robert’s Answer

    I would like to review your final disposition. In any DUI case, felony or misdemeanor, where the defendant either pleads guilty or no contest, the disposition, as required by Florida statute §316.193 MUST be an adjudication of guilt. If you got a withhold of adjudication on a DUI case, it is an illegal sentence.

    See question 
  • I have to give a urine specimen, is there an option to give blood

    I am currently on fed probation. I am required to take a few urine tests. I suffer from pauresis, the fear of urinating in front of people. Is there an option of giving blood or another form of testing. I am clean of any alcohol and or drugs and i...

    Robert’s Answer

    Have you asked your probation officer? Sort of that, contact your attorney to file a motion to modify your probation to permit drug testing of your blood as an alternative to urine. I doubt that your request will be denied.

    See question 
  • I had one month to go until the end of my one year of probation. I was diagnosed with diverticulitis which resulted in bleeding

    hemmroids. I have documents showing that I have been in and out of the hospital 3 times during my last month resulting in me not seeing my PO. I have done all that was required of me until this time yet she has violated me and now I have a VOP war...

    Robert’s Answer

    You need to hire an attorney to file a motion to vacate the warrant and go to court with all of your medical records together to show to the judge. The longer you wait, the less receptive the judge will be.

    See question 
  • Wondering how much it will cost to hire a lawyer for a dui I got 5 years ago?

    Got a dui, 5 years ago, haven't been in trouble since, moved to Dallas TX when I was charged for a dui, didn't complete probation, I wondering how much it will cost to hire a lawyer and get my licenses back?

    Robert’s Answer

    A good lawyer will cost at least $5,000.00.

    See question 
  • My brother was just arrested for lewd and lascivious battery and molestation. His bond is set for 150k. Would I need a lawyer.

    He had a warrant for his arrest in Brevard county, Florida. While he was leaving in Broward County. They are giving 2 charge accounts of lewd and lascivious battery and lewd and lascivious molestation which are severe felonies. The warrants was gi...

    Robert’s Answer

    Not just any lawyer. Hire the best!

    See question 
  • Does a writ of prohibition stay court proceedings?

    if a judge denies motion for recusal, does notifying him of intent to file writ of prohibition stays court proceedings?

    Robert’s Answer

    No. In order for the case to be stayed, the appellate court must issue a "show cause" order. Usually a judge against whom the motion for recusal was filed will grant a short, but reasonable amount of time (15-20 days) to file the writ and then continue the the case until the appellate court makes a decision on the request for the "show cause" order in the writ.

    See question 
  • So I was waiting for my turn outside, Public Defender approached me. SHOULD I GET HIS HELP?

    He said that he read my Motion to Suppress and he was very impressed and he gave me his card and told me to call him if I need his help for the Jury trial. Inside the courtroom again the judge too, praised my motion to suppress and again asked me...

    Robert’s Answer

    The most widely acclaimed criminal defense attorney, Clarence Darrow would say, "an attorney who represents himself has a fool for a client." How much more so for a layman, regardless of scholarship? You're not seriously thinking of defending yourself, are you? That's a bad idea!

    See question 
  • How long would you go to jail for killing someone who abused your friend?

    im writing a story and thats what they did

    Robert’s Answer

    If the State can prove that the killing was premeditated, then the death penalty could be imposed. It really depends on what the State can prove. We do not live in a vigilante society. People just can't go around taking the law into their own hands and meting out justice as they see it.

    See question