Michael James Orlando’s Answers

Michael James Orlando

Fort Lauderdale Criminal Defense Attorney.

Contributor Level 11
  1. My son has been charged with burglary unoccupied. What should we expect to happen at his hearing?

    Answered about 2 years ago.

    1. Robert Jason De Groot
    2. Michael James Orlando
    3. David Richard Damore
    4. Kristopher Robert Reilly
    5. Anthony Rubino
    6. ···
    7 lawyer answers

    If the hearing your referring to is the arraignment then the Judge will inquire as to whether your son has an attorney or not and if he can't afford one to apply for the Public Defender. Beyond that the Judge will enter a not guilty plea and set the case for another court date. Your son should not be speaking about the case without consulting with a lawyer and that includes at this hearing. I hope this information is helpful. Feel free to contact my office if you have any additional questions.

    13 lawyers agreed with this answer

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  2. Can a probation officer lose my file?

    Answered over 1 year ago.

    1. Michael James Orlando
    2. Jonathan Hackworth
    3. Colleen M. Glenn
    3 lawyer answers

    If you were arrested and sentenced to probation for a felony then the record still exists and would be found if a background check was done. Unfortunately, you likely have a VOP warrant outstanding that would show up if you were pulled over by the police. Your probably better off hiring an attorney and trying to resolve this matter before it catches you by surprise. Good luck to you.

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  3. Can you be charged with trafficking without being charged with possession

    Answered about 2 years ago.

    1. Michael James Orlando
    2. Don Waggoner
    3. David Richard Damore
    4. Benjamin J Lieberman
    4 lawyer answers

    Yes, because Trafficking charges are possession charges that meet a certain threshold amount of a controlled substance. The theory is if you possess over a certain amount of a controlled substance, then it constitutes Trafficking which is an enhanced possession charge subject to enhanced penalties.

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  4. What happens if your out on bond for a misdemeanor marijuana charge and recieve another

    Answered about 2 years ago.

    1. Michael James Orlando
    2. Robert Jason De Groot
    3. Christopher Robert Kaigle
    4. William N. Chambers
    5. Eric Matthew Matheny
    5 lawyer answers

    It's hard to answer that question without knowing what the basis for dropping the first case was. If for example, it was contingent upon your completing a diversion program then the second case could effect what happens to the first since your not supposed to commit new law violations while completing that program. If you no longer have an attorney I would advice you hire one so that these cases can be both looked into. I hope this was helpful.

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  5. Would filing a motion to suppress evidence after taking a plea deal help lower the time offered by the governmentat sentencing?

    Answered over 1 year ago.

    1. Eric J Trabin
    2. Michael James Orlando
    3. Nick Jay Dorsten
    4. Douglas Holbrook
    5. Frank Mascagni III
    6. ···
    6 lawyer answers

    No, Motions to Suppress should be filed and heard before you accept a plea offer. By accepting a plea offer for a particular charge(s) you have waived any challenges to the evidence associated with those charges.

    8 lawyers agreed with this answer

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  6. Under what circumstances may a No-contest plea be appealed?

    Answered over 1 year ago.

    1. Nick Jay Dorsten
    2. Michael James Orlando
    3. Dale Christopher Carson
    4. Byron David Flagg
    5. Colleen M. Glenn
    6. ···
    6 lawyer answers

    In order to withdraw your plea you have to be able to establish that the plea was not freely and voluntarily entered into. This is largely determined by the questions the Judge asked you and the answers you gave along with any plea form or other document you signed at the time your plea was accepted. Most Judges know what questions they need to ask along with what answers are required in order to make a plea legally binding.

    8 lawyers agreed with this answer

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  7. Can employers use nolle prossed against me?

    Answered over 1 year ago.

    1. William Alexander Corzo
    2. Michael James Orlando
    3. Colleen M. Glenn
    4. Eric J Trabin
    5. James W Chandler
    6. ···
    6 lawyer answers

    You should get this record expunged and that way it won't keep coming up in background checks. I would recommend you hire an attorney to handle that for you.

    8 lawyers agreed with this answer

  8. What are the chances of being released on bond with a felony labled with intent refers to cannibus. Single dad of 2 &1on the way

    Answered almost 2 years ago.

    1. Eric J Trabin
    2. Daniel Marc Berman
    3. Kyndra L. Mulder
    4. Michael James Orlando
    5. Javier E Morales
    6. ···
    7 lawyer answers

    Under Florida Law you're entitled to a bond unless the charge is a Capital offense which in your case it is not. However, even if you can bond out on the new charge, if you have an ICE hold that will have to be handled separately.

    8 lawyers agreed with this answer

  9. Do minors need to be read Miranda Rights in the state of Florida?

    Answered about 2 years ago.

    1. Michael James Orlando
    2. Elmer Sanchez
    3. Robert Jason De Groot
    4. Mitchell Scott Sexner
    5. Michael Lawrence Doyle
    5 lawyer answers

    Miranda Rights are necessary if the police are conducting custodial interrogation and obtain a statement from an accused. If the statement was obtained without proper Miranda warnings being given then the statement can be supressed along with any other evidence that was obtained as a direct result of that statement. In some situations, this can lead to the charges being dismissed if there is no other evidence to prove the crime beyond what was suppressed.

    8 lawyers agreed with this answer

  10. BURGLARY W/ ASSAULT W/ FIREARM. IF ALLEGED VICTIMS/ WITNESSES DO NOT RECIEVE SUBPOENAS TO TESTIFY DUE TO HAVING MOVED AND BEING

    Answered almost 2 years ago.

    1. James Regan
    2. Michael James Orlando
    3. Jeffrey Huntley Garland
    4. John Skyler Riordan
    5. Daniel Nelson Deasy
    5 lawyer answers

    If a witness has never been served with a trial subpoena it could be an indication that they may not show up for trial. However, if the witness is cooperative and their location is known then a simple phone call or last minute subpoena may be all that is needed to get them into court. This situation is something an experienced criminal attorney is all too familiar with so they will know how to handle it effectively.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful