Gary Kollin's Answers

I went to prison in 1996 and I have a felony charge on fedreal level can I get it sealed?

Regretfullly, because you were convicted of the charge, there is no provision under federal law which would authorize your case to be sealed.

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My cousin was 19 and had consensual sex with a 16 year old in Florid

Sexual intercourse in which one partner is an adult and the other a minor is legally referred to as statutory rape. In the case of one Florida sexual offense law, an adult is defined as someone aged 24 or older. A minor is defined as anyone under the age of 18. Florida Statute Title XLVI Crimes Chapter 794 Sexual Battery 794.05 - Unlawful sexual activity with certain minors. This law makes it a felony for anyone 24 years of age or older to have sex with a 16 or 17 year old. Ignorance of...

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If i was arrested and i requested a public record request of the radio talk between sheriff, can i be denied by the sheriff dept

Generally, most departments destroy the recording within 30 days unless it is requested within that time period. If you wait until an arraignment to have your attorney request it, it may have already been destroyed. I recommend mailing the request by certified mail or delivering the request in person. An email is often another choice. If the police agency destroys the recording after a valid request and depending on its importance in the case, you may be able to argue for dismissal or...

Can I purchase guns, having a withhold of adjudication?

While the federal authorities do not recognize a withhold of adjudication, there are certain exceptions depending whether the state conviction was a plea of guilty or a no contest plea. Contact a competent lawyer with who whom to discuss the matter.

If my daughter who is 14 years of age received court summons papers at our door...Is this legal in the state of FL?

I disagree that a summons can be served by posting it on the door. 48.041 Service on minor. (1) Process against a minor who has never been married shall be served: (a) By serving a parent or guardian of the minor as provided for in s. 48.031 or, when there is a legal guardian appointed for the minor, by serving the guardian as provided for in s. 48.031. (b) By serving the guardian ad litem or other person, if one is appointed by the court to represent the minor. Service on the...

What is the youngest that someone can be arrested.

In Florida, the courts have decided that a child under the age of 7 is presumed to be incapable of committing a crime. Between the ages of 7 and 13, there is a rebuttable presumption that a child has the capacity to commit a crime. Therefore, it is possible to establish to the court that because of the child's age and development, the child should not face charges. However, there is no law which establishes a minimum age before a child could be arrested. Common sense would suggest that...