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Roger P. Foley

Roger Foley’s Answers

141 total


  • Is it a civil violation for petitioner to go to respondents work?

    In Florida, does the petitioner violate the injunction if he shows up at the respondents work? Someone in the sherif's department said it is a civil violation. Is this true and what exactly does this mean?

    Roger’s Answer

    Nothing will happen to the petitioner for going to the respondents job. The court can only punish the respondent if he/she violates the conditions of the injunction, not the petitioner. Sheriff is wrong.

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  • What is the punishment for having lied in criminal court?

    When i was 18 I was charged with paraphernalia, possession of marijuana, and underage consumption. When asked if my boyfriend (at the time) who was 21 had bought the alcohol for me I said no. I told the officer that he had bought it for himself an...

    Roger’s Answer

    Sealing a record is a process. Nobody is asking you any questions other then whether you have any new arrests. They ask to determine your eligibility. No questions about the case will be asked. Hire a lawyer and have them handle it.

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  • What type of lawyer will we need? Would we need two, one for criminal and one for lawsuit?

    My boyfriend has been wrongly accused of stealing a wallet at work...there is video to prove him innocent but to my understanding they "lost" the end of the video...they have filed a formal police report however my boyfriend hasn't received any ty...

    Roger’s Answer

    Hire a criminal attorney for the criminal case. Forget about mental anguish, wrongful accusations and tarnishing the good name as it is a losing venture, however if they did not comply with wage laws then you can hire an employment attorney as that is an area you will likely succeed. Trying to find a lawyer that does everything is not the way to go. Hire two separate lawyers that concentrate in each area of law. Have you ever heard of an athlete that leads the NBA, NFL and is also the Heavyweight Champion of the World? No, because a jack of all trades masters none and that is why I recommend separate lawyers.

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  • Will my minor criminal record show up on a background test?

    Hi I am a independent minor (17 years old) 3 months away from 18. I am married and going to move into a nice mobile home soon with my name and husbands. They are doing a criminal/background check on me before I move in/purchase home. I am still a ...

    Roger’s Answer

    Juvenile record will show up. They are confidential in that the general public can not go and pick up a copy of the police reports and disposition but I have seen mug shots of 12 year olds on the internet. Back ground for employment will also show up. Background checks for apartments seem to generally pick them up. Your juvenile record will auto expunge/ be destroyed at the age of 24, if you have no new arrests however you can seal or expunge your record depending on the disposition, result of the case.

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  • How do you get erroneous information removed from a criminal record

    I had a felony battery conviction about 6 years ago and served probation, I was ordered by the court to go for drug/alcohol counselling, I recently got a copy of my criminal record and it states that I was ordered to attend DWI school which is no...

    Roger’s Answer

    Contact a lawyer immediately. We, as lawyers, can set it on the courts docket and have the judge correct the record. You have to pay for the attorneys time but it will not be terribly expensive. Act quickly. Keep in mind that if the disposition was ordered then you will likely need to acquire a recording of the court event. Even if it is not available, the judge will likely understand that it was an error because nobody goes to to DUI school for a battery.

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  • My husband got a dui in Illinois and we live in Florida. There is no way he can make it back.

    He cannot afford to hire a lawyer. Can a family member show up for him on his court date?

    Roger’s Answer

    Immediately contact the judge in that jurisdiction by sending a letter to the judge and forwarding a copy to the state asking for a continuance or retain an attorney in the area. The judge will reschedule if you ask nicely.

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  • Criminal law lawyer specializing in probation matters

    I'm on five years probation and it's up in February. I haven't had any problems except I have to pay restitution to the victim. The money I still owe won't be paid by the time my probation is supposed to be up. My probation officer told me he is g...

    Roger’s Answer

    Contact an attorney. If you do not have the funds to pay the restitution then the judge can convert it to a civil lien. You want to be off probation as soon as possible. Probation is a ticking time bomb on your freedom. Don't wait for your probation officer to make a recommendation apply hire an attorney immediately so you can go on the offensive.

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  • Can I get a misdemeanor removed,expunged or sealed from my criminal background?

    I am a first time offender and I pled guilty to possession of under 20 grams of cannibis and the verdict was adjudicated wittheld,I paid the fine and what do I need to do next?

    Roger’s Answer

    You would be eligible to seal your record if you received a withhold. I wonder why you did not enter a diversion program that would allowed for dismissal of charges and ultimately allowed for an expungement of your record?

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  • Do I need a defense lawyer?

    I was called in for questioning I answered what the detective asked I answered everything truthfully now the detective wants me to speak to state attorney for statement can I still get a lawyer note I was under the influence of marijuana is it too...

    Roger’s Answer

    Consult with an attorney and discuss your particular facts with them. Be sure to consult a criminal lawyer not just a lawyer. You need someone to that is competent in this area. To directly answer your question: do not talk to anyone else prior to consulting the lawyer.

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  • I was arrested for my second DUI and second refusal, my license was immediately suspended for 18 months...

    The charges were severed and I pled guilty to the refusal and received probation and court costs...The DUI was changed to a reckless driving and I received a fine...will my license be suspended again for the refusal since now I have been found gui...

    Roger’s Answer

    The reckless driving charge would not give you a court ordered suspension but the 18 month adminstrative suspension would stay in effect.

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