Adam Leo Bantner II's Answers

Can a 20 year old face criminal charges for dating a 16 year old

In Florida, you can have sex with a 16 year old as long as she really is 16 and you are under 24 years old. If she's 15 and lying about being 16, you are in trouble. If you are just dating without sex or sexual contact or conduct, then there wouldn't be a problem no matter your ages.

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Can I drive any vehicle on public roads while license is suspended?

Fla. Stat. s. 322.34 makes it illegal to drive a motor vehicle while your license is suspended. A “Motor vehicle” means any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s. 316.003. A motorized bicycle is a regular bicycle with an electronic helper that cannot go faster than 20 mph. Therefore, you can ride a bike, an electric...

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My Public Defender confused me a bit.

Unless things have changed, Orlando also offers pretrial diversion for DUI charges. Diversion will cause the charges to be dropped upon successful completion. If that is not available, you have a good trial based on the facts provided. As Mr. Epifanio warned though, good facts don't always equal a not guilty. If you have the stomach to risk a trial, go for it as long as you know you could end up with a worse sanction than your current offer. I used to be a PD in Orlando prior to entering...

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What is percentage of getting into pretrial diversion program for first time dui?

In Orlando, the odds of getting into PTD are very good. Nonetheless, I would speak to an experienced DUI attorney in Orlando prior to taking any action on your case. In Orlando I can recommend Stuart Hyman. He is one of the best DUI attorneys in the State. Good luck.

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How can I find out if I'm divorced in FL?

Most counties have an online clerk of court where you can look up your case status. For example, if you filed in Fort Myers, Lee County, go to http://leeflclerk.govoffice3.com/index.asp?Type=B_BASIC&SEC={12532E76-6C44-4D3E-99B6-2C58CFA1D348}. Then search for your case by your name. It might be best to contact a local attorney to make sure that you do your divorce right. Good luck.

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Can a misdemeanor charge of petit theft and DUI's?

I could be wrong on this, and I would have to check to be sure, but I believe DUI's are ineligible for sealing or expungment. However, as stated by the other posters, if you have any adjudication of guilt, you can't get a sealing/expungment anyway.

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In Florida if a home is bought by one spouse while separated will the other spouse be entitled to half of the home?

Equitable distribution means that a judge will divide your assets in a fair manner. If the home is purchased with funds earned during the marriage, you may be ordered to pay the other spouse half of the money used for the down payment and mortgage payments. If you purchased the home with 100% financing and you make payments from income earned after separation, you have a good argument that your spouse is entitled to no part of the value of the home. The fact that you have been separated for...

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Is it advisable or not to ask for court ordered drug & alcohol rehab?

Prison time is definitely a possibility based on the facts given. Whether or not he is sentenced to prison depends largely on his criminal history and whether he has a defense either to the new charge or the Violation. If you son truly wants rehab, it may be a way to avoid prison. However, this will entail more probation. I almost always advise my clients to take a short jail or prison sentence over felony probation. I do this because probation is hard work and some probation officers seem...

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What are the details of the Misdemeanor Intervention Program in Tampa and can I opt out?

The MIP program is a great opportunity to have the charges dropped. There are extensive costs and you will have to put in some work to complete the program, but it is almost always worth the effort and cost. However, if you have any defense to the charges, you may want to opt out of the program and take the case to trial. By taking it to trial, if you prevail, the charges will be gone and you will not have to complete the program. Also, the State Attorney's office may drop the case short of...

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What wil happen if the person is on felony probation and VOP with intent to harm with deadly force ?

Judge Perry handles VOPs in Tampa. Judge Perry is a good judge but he is very unpredictable in his sentencing. With that said, he does not think kindly of multiple violators and those that violate with new criminal acts. If he is found guilty of violating his probation, I would be the person receives prison time. However, because there are new charges pending, the VOP hearing will most likely get continued until the new case is resolved. Once the new case is resolved, the VOP could be handled...

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