Christopher Thomas Hersem’s Answers

Christopher Thomas Hersem

Tampa DUI / DWI Attorney.

Contributor Level 9
  1. How much jail time can I get for a 3rd degree grand theft

    Answered over 1 year ago.

    1. Christopher Thomas Hersem
    2. William David Umansky
    3. Mark H Randall
    4. Corey Ira Cohen
    5. David Bradley Dohner
    5 lawyer answers

    A third degree felony is punishable by a maximum of five years in prison. However, your prior record is fairly clean so I doubt very seriously that you will be sentenced to prison (or even jail) if you play your cards right. You should hire a lawyer as soon as possible so they can review the facts of your case and speak with the State on your behalf. Having no prior felony charges, you may even qualify for a diversion program that would ultimately result in your case being dismissed. Best of...

    11 lawyers agreed with this answer

  2. My sister has a felony possession charge she got probatuin for but sumone lied in her n they vop her can she go to prison

    Answered over 1 year ago.

    1. Christopher Thomas Hersem
    2. Roger Scott Jr.
    3. Jonathan Hackworth
    3 lawyer answers

    The score sheet is not binding on a technical VOP. That doesn't mean that she definitely won't be sentenced to prison though - just that the Judge has the ability to sentence her to jail, reinstate her probation, etc, all the way up to the max on the original charge. She needs to hire an attorney asap so that she can be put in the best possible position when she goes in front of the Judge!!

    7 lawyers agreed with this answer

  3. 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?

    Answered almost 2 years ago.

    1. Benjamin Ryan Stechschulte
    2. Christopher Thomas Hersem
    3. Steven Douglas Knittle
    4. William David Umansky
    4 lawyer answers

    I agree with everything Mr. Stechshulte said above. Depending on your situation and why you didn't attend MIP, a local attorney may have the ability to get you a second shot at the program. There are no guarantees here, but I have successfully negotiated this outcome several times in the past and the benefits are huge so it's worth a shot.

    6 lawyers agreed with this answer

  4. What is the typical sentence for first time DUI in Florida? Chances of jail time?

    Answered over 2 years ago.

    1. Tracey Lyn Sticco
    2. William David Umansky
    3. Christopher Thomas Hersem
    3 lawyer answers

    I agree with the above answers. I think it's important to note that your BAC is just slightly higher than the "enhanced" level. As Ms. Sticco stated, this will cause you to have increased fines and additional sanctions. However, it is possible in some situations to reach an agreement with the State Attorney's Office to stipulate to a lower BAC and avoid these penalties. Even if you are not able to get a reduction of the charge itself, this stipulation would help you tremendously. You...

    5 lawyers agreed with this answer

  5. If you are acquitted of criminal charges, do you still have to pay police investigative costs?

    Answered over 2 years ago.

    1. Stephanie Bolton
    2. Nick Jay Dorsten
    3. James Regan
    4. Bruce Griffith Howie
    5. Christopher Thomas Hersem
    6. ···
    8 lawyer answers

    I agree with Mr. Dorsten. Once you have been acquitted there should be no financial penalty assessed against you.

    4 lawyers agreed with this answer

  6. What should I do?

    Answered over 1 year ago.

    1. James W Chandler
    2. Christopher Thomas Hersem
    3. William David Umansky
    3 lawyer answers

    That is a very odd set of facts. Like Mr. Chandler, I've never heard of a probationary sentence being delayed by a civil suit. I would be careful filing any motions on your own though. Bad idea to shake the hornets nest until the facts are completely clear. An attorney should be able to do some research behind the scenes and then advise you of the best way to proceed.

    3 lawyers agreed with this answer

  7. My ex got a vop on aggravated battery.if he wins trial how long will he have to serve

    Answered over 1 year ago.

    1. Amber Hill
    2. Jonathan Hackworth
    3. Christopher Thomas Hersem
    4. James Regan
    4 lawyer answers

    A violation of probation can cause him to be sentenced up to the maximum of the original charge. It's tough to answer the rest of your question without additional facts though.

    3 lawyers agreed with this answer

  8. My girlfriend got a dui in jan.an she got a warrant out becuz she fail a drinking test her probation officer gave her.

    Answered almost 2 years ago.

    1. David S Katz
    2. Jonathan Hackworth
    3. Sarah Gloria Jonovich
    4. Colleen M. Glenn
    5. Charles K. Kenyon Jr.
    6. ···
    10 lawyer answers

    Whenever someone violates their probation, they become liable for up to the maximum of the original charge. However, there are many other ways that this situation can be handled in order to avoid a potential jail sentence. I agree with all of the above answers that your girlfriend should contact a local attorney to help her with this issue.

    3 lawyers agreed with this answer

  9. Do I have to take alcohol counseling for the FL DMV?

    Answered almost 2 years ago.

    1. James Kevin Hayslett
    2. Warren Quentin Peebles
    3. Amber Hill
    4. Patrick James Ford
    5. William C. Price III
    6. ···
    8 lawyer answers

    This is a complicated, fact specific question and you should really speak to an attorney so they can review the details of your case and you can be sure you are receiving the proper instructions.

    3 lawyers agreed with this answer

  10. Can you be charged a fellony if you have been caught driving on suspended license once in past 5 years in Florida?

    Answered almost 3 years ago.

    1. Christopher Thomas Hersem
    2. David Richard Damore
    3. Royce Brent Bishop
    4 lawyer answers

    Driving While License Suspended is a progressive charge - meaning that on a first conviction it is a 2d degree misdemeanor, on a second conviction it becomes a 1st degree misdemeanor, and on a third conviction it can become a 3d degree felony. This is regardless of when the prior offenses occurred. DWLS is a confusing charge because you also have to think about the fact that it is considered to be a "major traffic offense". This means that, unless you are able to get the charge amended to...

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