Dina Mayling Sheridan's Answers

What exactly is First Degree Domestic Violence Battery?

While a misdemeanor battery is a serious charge that can carry jail time, the bigger problem is the fact that the new charge of battery likely violates his Felony Probation. With a violation of probation, the defendant is re-exposed to the maximum possible sentence including incarceration, as opposed to just probation. There are ways that an attorney can work to get the new charge dismissed which could consequently result in a dismissal of the violation of probation as well. Even if the new...

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Violation of right lane must turn right

Whether or not the ticket will get dismissed on the facts will depend on the officer's testimony and the judge or magistrate's view of the facts. Tickets can also get dismissed voluntarily by officers in certain cases (sometimes for legal issues and sometimes just to be nice when the facts warrant it) or by the judge for some other technicality. If you decide to testify, the facts as you describe them do not seem egregious so I would guess that if found guilty, the judge may still "withhold...

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Federal Employment question? non adjudicated 3rd degree felony

I have had many prospective clients tell me, after being rejected for a job, that they did not list prior crimes because adjudication was withheld or they otherwise believed that they were being honest on their applications when they said they had no convictions. Most employers can forgive prior indiscretions...what they cannot forgive is dishonesty. In other words, they often don't care what you did; they care if you lie about it. List your priors and give a short explanation of your plea...

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Do I need a Traffic attorney? What information will I need to fight this case?

It is not required that you have an attorney but often it is a good idea to have someone with you who knows the legal and technical aspects of traffic cases. Sometimes, we can get tickets dismissed without anyone ever testifying due to some technicality such as a speedy trial issue or a faulty citation. Traffic ticket attorneys usually offer very reasonable fees and if it gives you the peace of mind, you may want to consider it.

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My husband needs a D6 clearance, does he need a lawyer?

He won't need a lawyer to get the D-6 clearance (that can be obtained for a small fee at the Clerk's office in the county where the violation occurred) but he may want to hire an attorney to address the warrant and attend court. If he can't afford an attorney, he can always try to file a motion as a pro se litigant, or contact your local bar association for low cost attorney services.

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Playing music to the public

As a former Florida State prosecutor who prosecuted ordinance violations, I know that many cities and counties have noise ordinances which punish offenders who play music over a certain decibel level or can be heard from a prescribed distance from the music source. If you are asking if you can "legally" play music for others without violating copyright laws, the answer is likely yes if the music was legally purchased by you and the playing of the music is not being copied or reproduced for...

I got stopped three seperate times on three seperate dates. Can the DA lump all three charges together?

I do not practice law in Colorado, but I hope my more general advice can help. Even if you were eligible for a license reinstatement, but you had not gone to your DMV and gotten your license fully reinstated, the police and the DA/State Attorney can still file the suspended license charge against you since technically, at the time of the stop, you did not have a valid license. As to the habitual traffic offender designation, in Florida, the requirement is that you would have to pick up a...

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Wrongfully given a DUI. I don't drink. I was harrassed by police. They won't reopen the case. what can I do?

You should consult with an attorney in your state regarding possibly filing a Motion to Vacate any sentence they may have imposed and attempt to remove the charge from your record. According to what you have stated, the legal actions by the police at the time of the stop were inappropriate by Florida standards and laws but because I am not licensed in your state, I cannot provide you any specific legal advise on that issue. You should meet with an attorney who can take you to the next step...

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Can I request a court appointed attorney after having a paid attorney

I practice in Florida so my answer is of a more general nature for you. Judges typically must make an inquiry of you to determine your financial status. Some will ask about how much you make per month or per year. Some will ask more general questions. Nevertheless, if you can no longer afford your private attorney, you may request a court-appointed one, but you should do so as soon as possible. If that request is denied, you should consider seeking out a legal service organization who may...

My daughter has been charged with a misdemeanor disorderly person and we have been denied a court-appointed attorney.

I need to begin by saying that I do not practice law in your state so this information is of a more general nature. You should be aware that the judge should typically make an inquiry as to whether or not a person desires counsel at a first appearance hearing (if the person was arrested) or at an arraignment. In your jurisdiction, the request for counsel may also be made by filing paperwork, as you have indicated. However, the procedure does not end there. The judge also determines whether...