Skip to main content
Michael James Orlando

Michael Orlando’s Answers

133 total


  • Is there a statute of limitations for Prosecution?

    Fleeing and Eluding.I wasn't caught. It's been nearly 60 days. I'm not delusional enough to believe I am going to escape my crime / exceptionally bad judgement call. How long do I sit on pins and needles waiting for the knock at the door. I calle...

    Michael’s Answer

    In order to minimize the stress your feeling waiting for the police to make an arrest, you should hire an attorney who can contact the officer or detective assigned to your case and find out exactly what's happening. Additionally, an attorney can request to be notified when an arrest is imminent and then make arrangements to turn you over to the authorities at an agreed date and time. This eliminates the surprise knock on the door that your trying to avoid. Good luck to you.

    See question 
  • Can a probation officer lose my file?

    Arrested around 2001 for burg of dwelling. I was put on probation and eventually violated. I was told I would get a new court date. I waited and waited, and eventually called the clerk of court to find out more information. Once I was on the phone...

    Michael’s Answer

    • Selected as best answer

    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.

    See question 
  • Can employers use nolle prossed against me?

    I was arrest my dog died from worms, the state dropped my charges nolle prossed. It is coming up on my back ground as "cause death pain and suffering" it says nothing about my animal. Employment and even my daughters girlscouts wont allow me to v...

    Michael’s Answer

    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.

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

    Plea deal and poor quality evidence

    Michael’s Answer

    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.

    See question 
  • Under what circumstances may a No-contest plea be appealed?

    I feel I was pressured into accepting a no-conest please with a withhold of adjudication. The day before the trial, the procescutor demanded either I accept the plea or the charge will be upgraded to a felony and I would be arrested. I now und...

    Michael’s Answer

    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.

    See question 
  • Do parents need a search warrant to pull their 16 year old's cell phone records?

    I am 16 and my dad has pulled my phone records when i did not want him to. my friend said that since im 16 he is required to have a warrant and i was just wanting to check into this thanks

    Michael’s Answer

    The search warrant requirement applies to law enforcement agencies not parents of minor children who are checking up on their kids. In this case, the phone companies policies and procedures would mostly control what was required to obtain phone records.

    See question 
  • Has Pot Smoking Addiction And Abuses Alcohol And Puts My Boy In Danger.How Much Proof Do I Need To Make Court Go In My Favor Whe

    she has no criminal drug history ,...i do.....8 years ago

    Michael’s Answer

    If an individual is under the influence of drugs and/or alcohol and they are claiming to be a witness to some event, that information can be used to establish that they were unable to see or hear the things that they may wish to testify about. However, without knowing more I am unable to provide anything more specific.

    See question 
  • Can i get early release of community control.

    Had 2yrs community control and 1yr probation i have 5 months left of community control i want it terminated early and I'll do the one year probation left.is it possible?

    Michael’s Answer

    If you made it through 1 1/2 years of community control without violating then you're doing pretty well, and as a result upon motion your Judge may be willing to convert the last 5 months of house arrest to probation.

    See question 
  • Can I violate my probation for Driving with a suspended DL?

    I am currently on probation for a Felony that does not involve my driving privilege. I was stopped for one of my headlights not working. The office took my license and ask me is my license suspended and I said no it shouldn't I have never received...

    Michael’s Answer

    Yes, if your on probation receiving a criminal traffic violation can violate your probation. However, addressing the issue early on by retaining an attorney who can then make contact with your probation officer and try to obtain pretrial release for the violation of probation is the best course of action for you.

    See question 
  • Police vs defendant. Who will the jury believe when the defendant has been wrongly accused

    In a flee and eluding case I'm wrongly accused. The officer even gave false statement of a second police car came from the other side of road. I assume they don't have any proof, but will the jury believe him or me. I don't have any prior history ...

    Michael’s Answer

    • Selected as best answer

    That's a question that comes up whenever you have a charge that relies to a large extent on police officer testimony. In the end, it boils down to the skills of the attorney and their ability to pick a good jury and then effectively and persuasively present your case.

    See question