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Ricardo Martinez

Ricardo Martinez’s Answers

12 total


  • If I was convicted of a felony in Neveda 23 years ago and my record has been sealed 13 years ago, what will my criminal history

    Possession of controlled substance

    Ricardo’s Answer

    You should first obtain a criminal background check on you to see what comes up. I recommend going through the Florida Department of Law Enforcement (FDLE) website. Effective July 1, 2013, a previous seal or expunction of a criminal record in a jurisdiction outside the state of Florida will not disqualify an applicant to seal or expunge a Florida criminal history record. The laws of Nevada regarding Sealing and Expunction may be different than Florida.

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  • Can I get this removed completely since no arrest, no photo or prints were taken?

    At a Theme park I was fined ($200) and ticketed for petty theft less then $50. I was not arrested nor was my picture or fingerprints taken. What are the chances I could at best have it dropped/removed completely?

    Ricardo’s Answer

    If you were not arrested and never appeared in court to deal with the theft, you were most likely not charged with anything criminally. You should still conduct a background check to be sure. Since you used the term "ticketed" I think it is more likely the theme park charged you a civil penalty. Basically if you agreed to paid that fine, they would not sue you in civil proceedings. Many people think that by paying the fine it is a bar to criminal proceedings, which it is not. I hope this was helpful

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  • Was refusing the BAC a bad idea? DUI arrest help

    I got arrested for the fist time yesterday....charged with a DUI, i refused the BAC, possession of a controlled substance (prescribed sleeping pills), cannabis less than 20 grams and paraphernalia. I can't afford an attorney, what should i do? als...

    Ricardo’s Answer

    As the other attorneys suggested you should seek the services of the Public Defender to assist you in your criminal case. Unfortunately, the Public Defender cannot assist you with dealing with the DMV and Administrative License Suspension you are facing for a refusal. You only have 10 days from the date of your arrest to request a Formal/Informal Hearing. If it is your first DUI arrest, you may qualify for a hardship license right away on the condition you enroll in DUI School. For your convenience I have attached a link that has the form you will need to take to the Bureau of Administrative Reviews.

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  • What is a disposition hearing for a criminal case? And how often are people readmitted into pretrial intervention?

    The defendant was arrested third degree felony possession of a controlled substance (mdma), 2 misdemeanor for paraphernalia and small amount of marijuana possession , and plead down from DUI to reckless driving. They were entered into pretrial div...

    Ricardo’s Answer

    It is simply a "status conference" where the Judge wants to know what is going on with the case. In other Florida Counties, they use the term "Pre-Trial Conference" or "Status Conference", but in Hillsborough they use the term "disposition." If the person was rejected from Pre-Trial Diversion, the case is re-opened and the Public Defender assigned will litigate the case from there. It sounds like there was a misunderstanding why the Defendant did not show and therefore his/her attorney was successful in getting the warrant removed. He/She needs to keep in contact with their attorney so a future court date is not missed. It is possible the person may be allowed back into the Diversion program but that is handled on a case by case basis. As a side note, I notice that you mentioned a DUI was reduced to a Reckless Driving. In Hillsborough County, you cannot enter into a Diversion Program on a criminal traffic charge. I am only speculating, but I believe these are 2 separate cases and the reason he was rejected from Pre-Trial Diversion is because he picked up a new charge (the DUI). I hope this was helpful

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  • Can I call my significant others attorney and find out information about his case while he is in jail?

    He had a VOP and now he has a VOP Disposition and I want to know the deal on the table and what he's facing. Will they give me this information?

    Ricardo’s Answer

    You can call but unless the client has given permission to discuss the case with you, the Attorney will either not speak with you or only provide you information that is readily available through public records.

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  • Is there a motion in Florida to waive probation cost if the person is unable to pay? (criminal)

    I am on probation (felony drug) I have taken drug class done community service but I cant afford to pay $600 in probation cost

    Ricardo’s Answer

    I agree with the other answers posted but would also add that you should speak with your P.O. about this and whether or not they would have any objection. Event though it is totally within the Judge's discretion, it helps if the P.O. does not object to it due to lack of financial ability to pay. I always contact the Probation Officer before filing any type of motion for modification or early termination to make sure there is nothing else out there that may prevent your motion from being granted.

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  • How long does ajudification a withheld stay on my record.

    I'm trying to get a job selling insurance. I will have to be bonded to work there. They have to do a background check and all. I was never on probation. All fines were paid the day of court. It was the only time I was ever in trouble. It was a fel...

    Ricardo’s Answer

    You definitely should seek having your record sealed. The Florida Department of Financial Services that regulates Insurance Agents will require a Level 2 Background under Florida Law, which is more in-depth. You mentioned it was a felony that you received a withhold of adjudication on. Level 2 backgrounds are important depending on the actual charge itself. In some cases, even if it is sealed they may be able to learn about it. Due to your profession, you should seek a consultation to determine if you in fact even qualify for the sealing of your record. I have included a link to the FDLE website for more information for your convenience.

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  • Can I get a Florida license after not paying a speeding ticket I got in Florida 23 years ago with an out of state license?

    I want to now move to Florida, this ticket has never showed up in the state where I currently live. I have never received any notifications from Florida regarding this ticket.

    Ricardo’s Answer

    You should consult with a Florida Traffic Attorney to do further research for you regarding your Florida DL history. That is quite a long time and there is a good chance it will not show up in Florida. If it does, the file is most likely destroyed. In Florida, if you fail to pay a citation, it eventually is sent to collections by the Clerk's Office after 180 days. You should hire an Attorney to help you clear up any issues to help you obtain a valid license once you move to Florida. If for some reason you miraculously have records of your Florida DL number, you can search for free online. I attached the link for your convenience.

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  • What is the difference between a PRE-TRIAL and a JURY TRIAL?

    Why would a pretrial be set 1 date and then a jury trial is set the following week? What happens at the pre trial?

    Ricardo’s Answer

    By the terminology in your question, I am assuming that this is a Hillsborough County case. Mr. Olney and Mrs. Palmieri are correct in their answers. Hopefully you have retained an Attorney for your case and should have explained this to you. In the event you are not represented, you can be at a disadvantage when at Pre-Trial and under pressure to accept a plea offer without any guidance from an Attorney. Unfortunately I have seen many people plead to charges without counsel and can lead to devastating consequences now or in the future. Seek legal advice regarding your criminal charge before it is too late.

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  • How hard is it to get an arrest without charges exponged, and can a person do it without a lawyer?

    My ex filed charges of assault against me for an incident that never happened. I wasn't arrested then because she told the police she didn't know where I lived. Which was untrue also because we exchanged our kids for visitation every weekend. So I...

    Ricardo’s Answer

    If your case was dismissed prior to any trial, you should be eligible to get your record expunged assuming you do not have any other prior record. I have included a link to the Florida Department of Law Enforcement for a guide on how to seal/expunge on your own. However, I highly suggest that you hire an Attorney to do this for you to ensure all steps are followed properly. If you in the medical field and working in Florida, they require Level 2 background checks under Florida Statute 435.04, and certain crimes like Assault could prevent you from getting hired. You did not specify if the Assault was a Felony or a Misdemeanor, and that is a factor as well. Given your profession, I strongly encourage that you hire an Attorney to file the Petition on your behalf.

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