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.
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.
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.
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.
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.
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.
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.
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.
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.