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Roger P. Foley
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Roger P. Foley’s Answers

160 total


  • Are there criminal charges for opening magnetic buttons in a Walmart losing one button and putting the damaged package back ?

    I was in a Walmart in Delray Beach Florida and opened a six dollar package of magnetic buttons used one in the store to see if it worked on a set of induction pots and pans lost the button and put the opened and damaged package back on the shelf ...

    Roger P.’s Answer

    You were not arrested, however you may receive a letter from a civil lawyer demanding $200 per statute. Florida statutes allow for civil restitution in retail theft matters if the store can show a loss. My belief is that it only applies when an arrest is made but it never stops the attorneys from sending out their scare letter requesting your money. When I have a client that has actually taken something and is caught I find out if the merchandise was damaged or lost and if it was then I recommend my client pay the fee. If the merchandise was returned and was not damaged in anyway then I tell them not to pay it. Obviously, each situation has to be objectively decided on as there is no clear answer- it depends on the individual facts. If you receive a letter then call an attorney

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  • Can I request to have my probation moved to another state before I am sentenced?

    I am currently awaiting sentencing for a charge that will most likely end in probation and some restitution. I want to move from California to Washington because I no longer have a place to live here in CA. Can I request for my probation to be ser...

    Roger P.’s Answer

    yes you certainly want to inform the court and have an address where you will be staying In Washington. Probation needs a physical address.

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  • Will Florida consider it my second DUI? What should I do?

    In 2007 while vacationing in NY I was pulled over for a DWI, but I was officially charged with a DWAI. Nevertheless I was told by the Florida Court I had to take a DUI class. I completed the class and when I was pulled over for a DUI recently th...

    Roger P.’s Answer

    In Florida the state is required to prove prior conviction via a certified copy of the disposition. They will need to confirm with NY and acquire a copy. Hire an attorney

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  • Can I fly with a bench warrant-court date scheduled?

    I am scheduled to fly out of the country in a few weeks and I have a bench warrant for a DUI- failure to complete community service and pay the rest of my fine. I have tried to pay the fine, but have to appear before they will let me- and i have s...

    Roger P.’s Answer

    No you do not want to fly as you will likely be detained for some period. Hire an attorney to lift the warrant.

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  • Accident a few months ago, suspicion of dui w/blood draw...no arrest made b/c went to hospital

    What is the typical wait period for the blood alcohol results in palm beach county? What is typical time for DA to possibly prosecute? Next steps.....already contacted attorney

    Roger P.’s Answer

    I have seen it take 2-4 months. Sometimes they come and pick you up and sometimes you are stopped for a traffic violation and are taken into custody based on a warrant that you knew nothing about. Hire an attorney to confirm with authorities and state attorney as to what is going on. Any additional delay on their part could work to your advantage, if you have not changed your address or moved out of state. Contacting a lawyer and retaining a lawyer are different- when you contact a lawyer they give you very general information and when you retain one We have a responsibility to advise you on your specific case.

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  • Can my friend do a Motion to Mitigate? What can he do to be released earlier or even go to a halfway house?

    My friend was sentenced to (2) 10 year consecutive sentences on robb.gun/dead wpn because he violated his probation at age 17. He went in 08/05/2003 and his release date is 07/21/2019. He has been teaching and graduating studenst from GED classes ...

    Roger P.’s Answer

    It sounds like your friend may have been sentenced on the 10 20 life statute and therefore it is not likely that a Motion to Mitigate would be successful. Acquire a copy of the final disposition on his case and I will take a look at it and give you my best opinion.

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  • If i receive a DUI ticket and the officer doesn't check the box or put a BAL will it get dismissed?

    I was pulled over for speeding and was charged with a DUI. I refused to blow at the scene but blew a .078 and then a .081 at the station. When i left the police station i received two tickets, one for a DUI and one for a DUI Bal. No speeding ticke...

    Roger P.’s Answer

    The charge will not be dismissed and there are no diversion programs in Broward but it sounds like you have a great case. Ultimately, what should concern you is the time of your breath. You were arrested and brought to the BAT facility. All of the times are available. It will be at least 30 minutes before you gave a breath but likely longer. Your breath was under the limit according to you on first breath. That significantly helps your chances of winning. Remember it is at the time of driving that counts not an hour later at the jail. That is all that can be deciphered from what you wrote but there are always ways to fight a DUI.

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  • WHAT IS THE WORST AND BEST POSSIBLE SENTENCE MY HUSBAND WILL GET? RECENTLY HAD SURGERY , 23 DAY OLD BABY, AND I WANT HIM BACK.

    COCAINE/POSSESION CANNABIS/POSSESION/20 GRAMS OR LESS FIREARM/WEAPON/AMMUN/POSN/CONVTD FELON/DELINQUENT GRAND THEFT 3RD FIREARM FIREARM/WEAPON/AMMUN/POSN/CONVTD FELON/DELINQUENT 50 + CNTS

    Roger P.’s Answer

    This is more complicated and an answer will follow with more facts. The charges 4 felonies and 1 misdemeanor that you list- understood that the last has 50 counts. The felonies you provide are 3rd degree felonies meaning that each charge he faces 5 years maximum. The fact that the firearm has 50 + counts may or may not remain- not likely but possible. What is needed is facts. Facts that you should not be put on AVVO or any site but facts that should be discussed behind closed doors with an attorney. Fact is you should talk to a few. We are all different. Prices vary but I can tell you that you should expect quotes of 10k and up. This is serious and he faces significant time so grab your purse and interview several attorneys until you find the best one for him. Consider our firm but take the time to compare it is important as unfortunately you may find so not so good attorneys. Check bar status, ask about prior cases, read reviews, etc

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  • What does " supplemental discovery exhibit" mean for a criminal case?

    Criminal charges have been filed since July of 2013, trial date is set for Feb. 2014, just saw on court records this and want to know what it means.

    Roger P.’s Answer

    They are supplying your attorney with additional information or a change of information previously forwarded. It is routine so do not panic.

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  • Bf in jail for 3rd dui in past 5 yrs 1st one dropped to reckless,2nd one dismissed ,this one can they turn into a felony?

    their offering him a yr or take it to trial and he doesn't know what to do,need help

    Roger P.’s Answer

    Nope

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