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Roger P. Foley
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Roger P. Foley’s Answers

160 total


  • Victim in a Florida criminal case--want to know the effect of a victim impact statement.

    I am one of the victims in a Florida felony criminal case but I live out of state. The defendant is to be arraigned on these charges later this week. I have been asked by the assistant state attorney to provide a victim impact statement on what ...

    Roger P.’s Answer

    It really depends how you are a victim, i.e. domestic violence victim or a felony DUI case where the defendant hit your unoccupied parked car or if someone broke into your car and stole your gym bag. Victim statements carry significant weight in Broward on Domestic violence and violent crimes. Accordingly, it helps to know what the case is. The state will make the defendant a plea offer based on the facts, charges, and your words if a violent crime.

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  • Will the sheriff's officer go to the home of a person who has a writ with body attachment if they now we're they live?

    My ex owes child support and does nothing about it, the judge ordered the writ yesterday. I live in one county , she lives in another.

    Roger P.’s Answer

    It is over time for the police. They check and see who has a warrant and if they need some overtime they grab a few officers and they pick him up. If they don't then when he comes into contact with police they will take him in. Good luck.

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  • What does this mean #1 FLEEING/ATT ELUDE PO/MARKED/HIGH SPEED
Bond : $6000
Notes :W/HOLD DIV 20 CT1 5000 CT2 1000

    Fleed from the cops

    Roger P.’s Answer

    Its a criminal charge of fleeing and eluding. Its likely a 2nd degree but here is also a third degree felony in florida so check out the statute on the clerk's docket. The bond was $6,000 total. Count 1 or charge 1 was $5,000 and count 2 or charge 2 was $1,000. Look the person up on the Miami clerk of court and you will see the results of the case or whether the case is still pending. Good luck

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  • Can an office do a field sobriety test after a car accident & informing the office having bad balance due to surgery in the ear?

    car accident a tree was hit. No alcohol or drugs in vehicle , was not pulled over , no one saw the accident. vehicle was not operable and total lost. Yes, to request for a lawyer. Officer still continue insisting on a field sobriety test and exp...

    Roger P.’s Answer

    Love the DUi cases. Field sobriety exercises are requested. They can't be ordered. Big difference. DUI with accident requieres many things, here are some: Independent crash investigation by arresting officer( dui officer), miranda and a change of hats ( this is an expression used in the courts to allow the suspect to know that he is being subject to a criminal investigation because you must comply with an accident investigation). In a traffic investigation nothing you say can be used against you in court. In a dui investigation, everything shall be used against you. Miranda and the officer telling you that he/she is doing a criminal investigation and no longer a crash investigation is how a citizen is alerted to this fact. You said nobody saw the accident so the real question is when polcie arrived was the person in the vehicle? Actual physical control is essential for a dui conviction. A one car accident with no witnesses can lend itself to the fact that someone was driving other than the person found at scene. If there was no establishment of actual physical control there will be a motion to suppress for lack of reasonable suspicion to begin a dui investigation. Exercises are not relevant because they need to establish actual physical control first. But lets say they do by constructive possession ....then weight of person, medical issues goes to the jury. They will hear that the exercises were not performed correctly or that person failed but your attorney will be able to show why. Constructive possesion is determined by finding out who's car it is, who it is registered to, how far the individual was found from the car, etc Find an attorney with significant experience in DUI preferably someone associated the NCDD. National college of DUI defense. Best of luck.

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  • How can I find out if there's a restraining order still against me?

    there was a restraining order against me. how can I find out if it's still in place or if it's been lifted? where do I look? who do I call?

    Roger P.’s Answer

    You do not need an attorney for this. Go to clerk of court. Additionally, if there is an injunction hearing you are requiered to receive service. That means a process server or policeman will hand you the paperwork. On a temporary restraining order/injunction it may take some time for you to be served so you may not know. The judge usually grants a hearing within a month if he grants a temporary. If they di not serve you then the judge will reset the hearing several times and extend the temporary injunction until you are served. Usually after a few court dates, if you are not served, the court will cease to reset hearing and will not extend the order. However, in extremely serious situations they will. The point being is that the 14th amendment allows for due process and that means in this situation taht you are requiered to receive notice of a hearing to detrmine the granting of an injunction/restraining order. You will be served.

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  • What happens when you violate PTI?

    My boyfriend got arrested 2 weeks ago while on PTI. He was on PTI in a different county, when he went to see his probation officer there he put him in jail the next day. He's in jail now. His sentencing is next week and I'm just curious as to what...

    Roger P.’s Answer

    It all depends on the PTI. Usually, you are booted out but if your in drug court he may be given a second chance. If not, he can fight the case. contact a local guy to review the case

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  • What do I do if I can't pay my probation fines and complete my community service in time? Would I be able to get an extension?

    I am on probation for a misdemeanor possession and I have to pay 800 and have 40 hours of community service by the end of the month. I am on probation in Florida but currently doing mail in

    Roger P.’s Answer

    I haven't been on the message boards in a while and am quite surprised by some answers. Get your rear end to a place and kick out the community service hours. You need the hours completed. Bust it out...you can do it. One attorney mentioned their is no debtors prison and it is a sound answer. Your not going to lose in court if your unable to pay. Willful and substantial is the standard. If you don't have it you don't have it. Just don't be driving a mercedes, and wearing canali suit when your in court. The judge will take testimony on your pay and on your bills. You lie and you are in trouble. The probation officer can not give you an extension on the community service only the judge can do that. additionally, most orders say that community service needs to be completed one month prior to probation terminating for this exact reason. Procrastinators get strung up in criminal courts.

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  • What do you suggest I do in this unfortunate situation that I was unaware off

    On December 3rd I was charged with driving while license suspended 3rd offense unknowingly of the HTO law I took a plea deal that indicated I get my license and pay court fines if I fail to do so I would have it to serve a 60 day suspended sentenc...

    Roger P.’s Answer

    Take a deep breath and relax. This happens every day. Hire a criminal lawyer not a ticket guy ( no offense to first attorney) someone that knows his way around a court house and practices criminal on a daily basis. He will file a motion to mitigate or vacate. Technically mitigation is only up to 60 days after plea and you don't really have a right by law to vacate because the case law says that it is a collateral consequence. However, Judges do it all the time and state attorneys agree a great majority of the time when they respect the lawyer they are dealing with. Point is its not over yet...the fat lady has not left the building, sang...however that goes. Its very possible. Go hire an attorney.

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  • Can I get a charge of aggravated assault expunged with a withheld adjudication?

    In 2012 I was arrested in Orlando, Fl and was charged with a DUI and aggravated assault with a deadly weapon. However, my attorney got the charge with adjudication withheld. Is it possible to get the charge of the aggravated assault expunged since...

    Roger P.’s Answer

    Thank God that a couple of licensed attorneys know the correct answer to this question. Flat out disturbing that so-called criminal defense lawyers don't know this answer. Sure, anyone can make a mistake but there is a list right in the statute that tells you the answer. Time to quit dabbling in criminal law and learn it or quit advertising that you do. I hear stories about clients that pay a fee to expunge and/or seal and then find out several months later from their attorney that they are not eligible. Hmmm..... this is why. There should be a yearly test to protect folks.

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  • Termination of probation

    Is there a law in Florida that a felon can terminate his/her probation halfway? Or is it just a privilege? I'm halfway in my probation, no violation ever, paid all my dues and fees, completed my community service, etc. But the probation officer...

    Roger P.’s Answer

    Doing it Pro Se is not your best option. Its not very expensive to terminate probation. Having said that if you are charged with a sex crime it definitely won't happen Pro Se and it will not be as cheap. Serious crimes although eligible are not as likely to be terminated. Its the judges discretion and the judge wants to be re-elected to have that nice pension. Contact a reputable criminal defense attorney, I am sure you heard not all are reputable, and many dabble at criminal defense when they know little. An attorney that is in the court doing criminal every day will be able to help you at a fair price. make the call

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