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Dina Mayling Sheridan

Dina Sheridan’s Answers

22 total

  • How do I get the State to drop charges when I didn't want to press them in the first place?

    My boyfriend was taken to jail after a domestic dispute. I was under the impression that he would go to jail for the night and be let out the next day, because I told the officer that I did not want to press charges. The state pressed charges anyw...

    Dina’s Answer

    There are options available to you and your boyfriend. I would also like to know when you are going to court since there will be a new judge taking over in late June.

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  • Violation of right lane must turn right

    I was driving through a four lane residential area near a school. The right lane became a turn only lane and the left lane was backed up with traffic. I slowed and waited until I could get into the left lane. The officer monitoring traffic wrot...

    Dina’s Answer

    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 adjudication" which means you will not have points added to your record, nor will your insurance increase. If your record isn't bad (and nothing since 1997 is pretty darn good), then I would think a withhold is a likely result whether you testify or not. You can always ask the judge to "withhold the points" even if you opt not to put on your case via testimony.

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

    I have a traffic citation for failure to yield right of way at the intersection. I received this citation after being in an car accident. I had the stop sign and the other driver did not. I stopped at the stop sign, did not see a car and proceeded...

    Dina’s Answer

    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?

    My husband was given a ticket last year in Miami, FL for an expired registration. Due to the fact that he lost his job, he didn't pay the ticket and also because he left for UT and was gone for a few months. Well, now he has a UT license and when ...

    Dina’s Answer

    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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  • What exactly is First Degree Domestic Violence Battery?

    My mate is charged with first degree domestic violence battery, and he is currently on felony probation for DUI & having personal use drugs on him. I don't want to persue the domestic violence charge against him because it was a miss understanding...

    Dina’s Answer

    • Selected as best answer

    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 charge is not dismissed, there may be ways to mitigate the situation and get the Defendant back on probation without incarceration but it will depend on the facts of the new case, his prior record, and if there have been any prior violations of probation. It appears Judge Berkowitz gave him a $10,000 bond on the new case and no bond on the violation of probation, which the courts are allowed to do. This means that he can be held in custody unless and until he either resolves the cases or a judge reconsiders the bond amount. If your case is in Hillsborough County or a surrounding county, feel free to contact me for more information or if you desire representation for him. My e-mail is dina@FightTheChargeTampa.com

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

    I was charged as a habitual traffic offender,even though I had been eligeable for re-instatement for over a year and a half.Can the da lump all three charges together? Can i be charged as habitual,even though i hadn,t gotten a ticket in over 6 yea...

    Dina’s Answer

    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 combination of 3 suspended license charges or DUIs within a 5 year period to be classified as a habitual traffic offender. In Florida, the DMV gives you that classification and it lasts for 5 years. Once you have been given that designation by the DMV, if you pick up another suspended license charge after that, the DA/State Attorney can then file your charge as a habitual offender which, in Florida, is a felony. The lesson is: as soon as you are eligible for a license reinstatement, go get it, because there are serious collateral consequences that you can easily avoid by reinstating your driver's license promptly.

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

    I was indicted on federal drug conspiracy. I have a paid attny that I want to fire..and I am less than 30 days away frm trial. How do I go about obtaining a federal court appointed attny? I don't have any more money to hire another myself. I also ...

    Dina’s Answer

    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 be able to offer you an attorney's services at a low cost or "pro bono", free of charge. Check with your state's Bar Association for these options.

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

    We requested a court-appointed attorney (filled out paperwork) and we were told it was denied by the judge. Can they do this? I thought it was our right to councel? Court date is 3/11 so this is urgent please.

    Dina’s Answer

    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 the person is financially able to afford counsel or whether the judge is deeming them "indigent" for the purposes of appointing an attorney. If the judge finds that the person is not eligible for a court-appointed attorney, as appears to be the case with your daughter, then you have the right to hire a private defense attorney or she can represent herself as a "pro se" litigant. I would caution anyone against representing themselves, however, as there are many legal and procedural technicalities of which non-lawyers are likely not aware and which would serve as a disadvantage as the case progresses. Many states have service organizations that offer low cost or "pro bono" (free) legal services which can often be found by contacting the state Bar Association.

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  • Devoice by false domestic Violence, betrayal by my four attorneys

    I would like to find an attorney to sue my previous attorneys. They blatantly, obviously, deliberately, sabotaged my devoice. The first three attorneys convinced my fourth attorney to blatantly sell me out. I am on unemployment and am required ...

    Dina’s Answer

    There are likely numerous legal factors at play of which you may not understand their full import. I cannot comment on the actions of your attorneys but I can say that attorneys must operate within the bounds and restraints of the law. In Florida, there are guidelines which the Court must consider and follow in imposing any child support obligations. Ability to pay is usually considered along with the needs of the requesting party with the overriding concern being the "best interests of the children." These are Florida standards but are noted here to illustrate the point that there are usually legal guidelines within which the attorneys and judge must act although variations and exceptions can occur.

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  • Playing music to the public

    is it leagl to play music to the public, either cd's or radio?

    Dina’s Answer

    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 monetary gain, however you should consult with an attorney who specializes in this area if your concern is copyright infringement.

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