Eduardo A. Suarez’s Answers

Eduardo A. Suarez

Tampa Criminal Defense Attorney.

Contributor Level 9
  1. I was framed.

    Answered over 5 years ago.

    1. Don Waggoner
    2. Eduardo A. Suarez
    3. Aaron J. Slavin
    3 lawyer answers

    If the only evidence of your involvement in the crime is your ID being discovered in the stolen car, I agree with attorney Wagonner's assesment that there is not sufficient evidence to make an arrest. I also think you need to consult with lawyer, not only becasue of your potential exposure by way of the ID, but you need to be proactive in reporting the theft of your wallet. As you prbably know ,identity theft is becoming more and more common and having so much of your personal information in...

    2 lawyers agreed with this answer

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  2. My brother want to know if he can apeal his case if he took a plea deal?

    Answered over 5 years ago.

    1. Eduardo A. Suarez
    2. Aaron J. Slavin
    2 lawyer answers

    I agree with the answer posted by attorney Aaron Slavin. I would only add the following; as a general rule,unless your brother reserved the right to appeal a specific issue, once the judgment is entered, issues relating to guilt or innocence are not subject to appellate review; however issues relating to the judgment and sentence (for example did the length of the sentence exceed the statutory maximum) are subject to appellate review and may be challenged on direct appeal. Without knowing your...

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  3. Law

    Answered over 5 years ago.

    1. Eduardo A. Suarez
    2. Aaron J. Slavin
    2 lawyer answers

    First of all, if you know you have outstanding warrants, the most sensible thing to do is to arrange to post bail and turn yourself in. Unless your circumstances are unusual, there is seldom pre-trial travel restrictions imposed on defendants with cases pending in State court (Federal court is another story). But even if there are travel restrictions, you can always move the court for an order allowing you to travel. If you try to get on a plane before turning yourself in, there is a...

    1 lawyer agreed with this answer

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  4. FL civil procedure, what is an ordered adjudication, FL criminal law

    Answered almost 6 years ago.

    1. Eduardo A. Suarez
    2. Nicholas Martino
    2 lawyer answers

    As a general rule, Florida Law permits a judge to accept a guilty or no contest plea and sentence a defendant without entering a formal finding of guilt. this is called a withhold of adjudication. When a defendant receives a withhold, he is not "convicted" and as a result, can truthfully say that he/she has never been convicted of a crime. Please keep in mind that other jurisdictions, including the federal government, do not recognize withholds and are likely to treat your daughter's...

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  5. What is the process of expunging a record?

    Answered over 5 years ago.

    1. Eduardo A. Suarez
    2. Dominick Christopher Russo
    3. Craig A. Epifanio
    4. Edgardo Rafael Baez
    4 lawyer answers

    Expunging a criminal record can be challenging for someone attempting to do it without a lawyer because the process is fairly involved. In a nutshell, you must apply to the Florida Department of Law Enforcement ("FDLE") for the issuance of a Certificate of Eligibility. Once a FDLE issues the Certificate, there are certain notice requirements that have to be met and then you can file a petition with the Court. Orders expunging records are discretionary — meaning, despite the fact that you may...

    1 lawyer agreed with this answer

  6. Which is better a public defender or lawyer?

    Answered over 5 years ago.

    1. Eduardo A. Suarez
    2. Dominick Christopher Russo
    3. Adam Leo Bantner II
    4. Edgardo Rafael Baez
    4 lawyer answers

    As a general rule, public defenders are dedicated, hard-working lawyers who work diligently under less than ideal conditions to help their clients. I am a fan of the work done by the public defenders and consider them to be among the most underappreciated of our public servants. They truly are the last line of defense between an indigent citizen and the power of the government. But our public defenders’ have significant budget constrains, which requires them to represent a large number of...

    1 lawyer agreed with this answer

  7. Florida criminal code grand theft from employer, possible consequences

    Answered over 5 years ago.

    1. Eduardo A. Suarez
    2. Aaron J. Slavin
    3. Ira W. Still III
    3 lawyer answers

    First, it is practically impossible for anyone to give you an accurate answer regarding the amount of jail time you are facing because, among other things, you are unsure as to whether you will be charged with a felony or a misdeamenor. What I can tell you is that a 3rd degree felony carries a maximum penalty of 5 years in prison and that under Florida's Punishment Code the recommended imprisonment range for you is likely to be "any non-state prison sanction" which in your case, if handled...

    1 lawyer agreed with this answer

  8. Auto fraud? Finance company problems.

    Answered almost 6 years ago.

    1. Eduardo A. Suarez
    1 lawyer answer

    Nothing in what you have described suggests that you have committed a crime. However, in situations like the one that you have described, insurance companies sometimes make the settlement in check payable to both the automobile owner and the lender; if that is the case here ,and you deposited the check into your account without consulting them, you may have some criminal exposure. Despite your serious finacial situation, the best thing you can do is to bring all of the paperwork relating to...

    1 lawyer agreed with this answer

  9. FL state criminal code, plea agreement for driving on suspended license

    Answered almost 6 years ago.

    1. Eduardo A. Suarez
    2. Marc F. Plotnick
    3. Aaron J. Slavin
    3 lawyer answers

    Generally, the answer to your question is yes. Most prosecutors and judges will work with you to help you avoid the five year suspension. It is very important that you have a valid license when you conduct the plea negotiations. I strongly advise you to retain a lawyer to handle these negotiations for you.

    1 lawyer agreed with this answer

  10. How should I answer my questions?

    Answered over 3 years ago.

    1. Michael D. Fluke
    2. Eduardo A. Suarez
    3 lawyer answers

    A withhold of adjudication means that you were not formally convicted, which means you can truthfully say that you have never been convicted of a crime but the record of your arrest and court disposition are public records and visible to anyone doing a background check. Florida law provides that you can seal your criminal history once in your life. If you seal the records pertaining to this arrest, they would be removed from public view and, although there are certain exceptions, you would be...

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