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Benjamin Ryan Stechschulte

Benjamin Stechschulte’s Answers

17 total


  • If charged under 18 USC 2261A by the Feds that only involved harassment, can PTSD be used as a defense?

    The FBI arrests a person and a complaint is filed alleging that the person used the Internet and email across state lines to threaten an alleged victim that he would send her pornographic photos to employers, friends and family. The offender and ...

    Benjamin’s Answer

    • Selected as best answer

    In federal court, if diagnosed a judge can consider ptsd or any mental/physical issue when asking the judge for leniency at sentencing. Specifically, an experienced lawyer would ask for a downward variance from the sentencing guidelines that calculates the amount of prison time he's looking at. At trial, ptsd can be argued that he didn't have the requisite intent to commit the crime. That being said, in federal court must cases are resolved before trial and it's usually to the client s benefit to avoid a trial. I'm a board certified federal criminal trial attorney based in tampa. So if you have any more questions, feel to contact me at 813 280 1244 or ben@tpatrialattorneys.com

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  • How can i find out what the banch warrant is for

    i have a friend that said he has one but he dont no what it if for can u help me

    Benjamin’s Answer

    If the warrant is in Hillsborough county, you can look up his name on the warrant inquiry tab on the top left corner of their website. If you can't find it there, you can call the sheriff s office and speak with the warrant s department.

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  • Can someone with a first degree felony probation actually be violated by their probation officer for a writ of bodily attatchme

    child support is out of osceola county, probation is in hillsborough county.

    Benjamin’s Answer

    To best of my knowledge, unpaid child support will not violate someone's felony probation.

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  • What are the penalties of a petty theft charge from Walmart, when i was told to go to the MIP program and I did not attend?

    This is the first and only time I have done this and I have no criminal history other than a DUI back in 2005.

    Benjamin’s Answer

    Depending on if you were originally charged with a second degree or first degree misdemeanor petit theft, you could face between 60 days and up to one year of jail. However, on cases like yours often I contact the prosecutor before your court date and explain why you may not have completed the MIP program. Many times I have been able to convince the prosecutor to allow clients back into the MIP program with no additional sanctions.

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  • F-1 visa application with pending criminal record

    I am currently an international student. Recently, I was arrested for petty theft I believe 2nd degree. I working with a lawyer to put me into an program for first time offenders that would allow me to not be prosecuted. Apart from that, I have an...

    Benjamin’s Answer

    I would contact a Tampa Immigration attorney immediately. On immigration/criminal matters, I would recommend Kevin Slattery in Tampa. His # is 813 839 7474. I have used him many times for past clients and he did a wonderful job. Tell him that I referred you.

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  • I was charged a felony 3rd degree burglary unoccupied conveyance, i completed pti program,

    just went to court and the judge auth'd my record to be sealed, i have completed pharmacy tech and am now ready to register with the state for my state license, however it is unclear on the application question 13 ask if i have been convicted of a...

    Benjamin’s Answer

    In most circumstances, assuming your record was sealed you can legally deny or fail to acknowledge the felony arrest on a job application. However, your question seems to indicate that you have completed the PTI program but you haven't sealed your record. If that is the case, even if you properly answer to No, potential employers will still be able to find your arrest record on the internet and that could prevent you from obtaining your state license or finding a job. Considering how important this is to you, I strongly recommend consulting with an attorney before completing the application.

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  • Seal and or expungement under florida felony rules..is it possible and how?

    how can a person seal or get a case expunged that the charge was assault on a LEO and resisting arrest where the plea was nolo contendre and adj was withheld and 18 months probation served w/ no incident. The one and only charge ever

    Benjamin’s Answer

    Assuming you have never been adjudicated of any other crime- misdemeanors included- you should be eligible to have your criminal record sealed. Although you can do it yourself, I would suggest hiring an attorney. Often times it is very difficult to obtain the correct paperwork to seal your record. For example, you need both a certified copy of your court ordered disposition and termination of probation. Once this done then paper work needs to get submitted to not only the State Attorney's office but also Florida Department of Law Enforcement and the clerk's office.
    Just a heads up, it takes a minimum of 6 months to complete the process of sealing your criminal record.

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  • I just got DUI and now i need a way to take my son to preschool can i get hardship driver's license for that?

    I just got my first DUI and my lincense will be suspende in 5 day. my 4 year old have other way to get to school.and my 1 year old girl need her yearly exam. ca i get hardship driver's license for that. please help or i have no other way then pull...

    Benjamin’s Answer

    Jeanette,

    You should be eligible for a 42 day hardship license. This license will allow you to drive to and from work, medical purposes, education purposes, and religious purposes. In order to obtain your hardship license, you must request a formal review hearing at the dmv. A private attorney can handle this for you. Unfortunately, public defenders can not help you with this issue.

    If you have any questions, please give me a call at (813) 258-4878.

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  • Suspended license and probation violation, two counties involved.

    He was doing a work release as part of his probation after driving while his license was suspended. He was doing well, however, he got arrested for driving in a different county while the license was suspended. He is serving time and after release...

    Benjamin’s Answer

    I would suggest hiring a private attorney. Often times private attorneys work in multiple counties and know the ins and outs of each county's court system; for example, I practice in hillsborough, pinellas, and pasco counties. The private attorney may be able to negotiate a concurrent sentence with the county where he was originally placed on probation.

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  • I just received my first DUI. Need some advice.

    People are telling me that pleading No contest is better then pleading guilty. Before I heard this I was going to just man up and accept my guilt knowing I was in the wrong, but now i'm not sure what would be a better plea. I was going to ask for ...

    Benjamin’s Answer

    If you can not afford an attorney, I would definately suggest asking for a public defender. The are good attorneys and may be able to find problems with your case that you were unaware of (illegal traffic stop, breath results not in compliance, etc.) I would not plea guilty or no contest without an attorney. If you were arrested within the last 10 days, I would at least speak with a private attorney. Unlike public defenders, private attorneys can help you obtain your hardship driver's license. You only have 10 days from the date of your arrest to obtain a hardship license.

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