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Eduardo A. Suarez

Eduardo Suarez’s Answers

32 total

  • Will I be taken into custody if I am late to register as a felon and go in? No warrant, 2 months late, adjudication withheld.

    I was released in December. My P.O. did not inform me I had to register until a few days ago. It's been two months. Is there anything an attorney can do to keep me out of jail, and to keep my probation going the way it is, adjudication withheld? T...

    Eduardo’s Answer

    My suggestion is that you immediately register. I have attached a link to the registration statute for you to review. To answer your question, yes you should have registered within 48 hours of entering that county but at this point all you can do is comply with the statute. If you’re charged as a result of the late registration, it is still far better for you to explain to the court that you registered as soon as you were advised of the requirement, than to never have registered at all.
    Hope this helps.
    http://law.onecle.com/florida/crimes/775.13.html

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  • I was charged with burglary and petit theft last sunday. I used a bump key given to me my this guy at school, went into the copy

    I was charged with burglary and petit theft last sunday. I used a bump key given to me my this guy at school, went into the copy room and took pictures of a cell bio exam. The school police had me on camera in the room so I told them about the guy...

    Eduardo’s Answer

    I agree that you should speak to a lawyer ASAP. The State Attorney’s Office will be reviewing your case to determine what formal charges to file. DO NOT wait until charges are filed to hire a lawyer. A lot can be done to minimize the impact of your arrest during these early stages. Also, please remember that anything you post online, including this site, can potentially be used against you – do not post anything further regarding what you did. You can disclose what you were arrested for but do not post anything regarding what you actually. Feel free to contact my office if you have other questions.

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  • I was charged with burglary and petit theft last sunday. I used a bump key given to me my this guy at school, went into the copy

    I was charged with burglary and petit theft last sunday. I used a bump key given to me my this guy at school, went into the copy room and took pictures of a cell bio exam. The school police had me on camera in the room so I told them about the guy...

    Eduardo’s Answer

    The short answer to your question is, probably yes. I practice in Tampa and feel reasonably certain that most, if not all of our judges will pleased that you have not been trouble during the last 6 years and will be far more interested in seeing you complete probation than in incarcerating you. As some of the other lawyers have said, it is very important that you immediately retain a lawyer to help get this matter resolved. I hope this helps. Good luck.

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  • How should I answer my questions?

    I was charged with fleeing and eluding a cop in Florida which the court reduced to reckless driving and put an adjudication withheld on my file. I was looking at court docs online and I see that the file is still on there. My question is how shoul...

    Eduardo’s Answer

    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 generally entitled to lawfully deny having ever been arrested.
    Sealing your records is a fairly involved process and I would recommend that you hire a lawyer to help with you that if you choose to pursue it.
    I hope this helped – Good luck.

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  • How should I answer my questions?

    I was charged with fleeing and eluding a cop in Florida which the court reduced to reckless driving and put an adjudication withheld on my file. I was looking at court docs online and I see that the file is still on there. My question is how shoul...

    Eduardo’s Answer

    The short answer to your question is, probably yes. I practice in Tampa and feel reasonably certain that most, if not all of our judges will pleased that you have not been trouble during the last 6 years and will be far more interested in seeing you complete probation than in incarcerating you. As some of the other lawyers have said, it is very important that you immediately retain a lawyer to help get this matter resolved. I hope this helps. Good luck.

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  • I got a dui in 94, didnt finish hardly anything i was order nto do, inleft state because of fear of my ex-husband, i have not

    been in any trouble of any kind since then, and that was my 1st offense, how can i get this straightened out without jail time?

    Eduardo’s Answer

    The short answer to your question is, probably yes. I practice in Tampa and feel reasonably certain that most, if not all of our judges will pleased that you have not been trouble during the last 6 years and will be far more interested in seeing you complete probation than in incarcerating you. As some of the other lawyers have said, it is very important that you immediately retain a lawyer to help get this matter resolved. I hope this helps. Good luck.

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  • I got a dui in 94, didnt finish hardly anything i was order nto do, inleft state because of fear of my ex-husband, i have not

    been in any trouble of any kind since then, and that was my 1st offense, how can i get this straightened out without jail time?

    Eduardo’s Answer

    The short answer to your question is, probably yes. I practice in Tampa and feel reasonably certain that most, if not all of our judges will pleased that you have not been trouble during the last 6 years and will be far more interested in seeing you complete probation than in incarcerating you. As some of the other lawyers have said, it is very important that you immediately retain a lawyer to help get this matter resolved. I hope this helps. Good luck.

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  • My record is sealed, do I need to acknowledge anything in regards to this record?

    I have a record that was sealed in 2004. Do I ever need to acknowledge this event on any future applications?

    Eduardo’s Answer

    Below is the actual language from Florida Statute Section, 943.059(4) (a). Please read it carefully. I believe it answers your question. Good luck.

    (a) The subject of a criminal history record sealed under this section . . . may lawfully deny or fail to acknowledge the arrests covered by the sealed record, except when the subject of the record:
    1. Is a candidate for employment with a criminal justice agency;
    2. Is a defendant in a criminal prosecution;
    3. Concurrently or subsequently petitions for relief under this section or s. 943.0585;
    4. Is a candidate for admission to The Florida Bar;
    5. Is seeking to be employed or licensed by or to contract with the Department of Children and Family Services, the Agency for Health Care Administration, the Agency for Persons with Disabilities, or the Department of Juvenile Justice or to be employed or used by such contractor or licensee in a sensitive position having direct contact with children, the developmentally disabled, the aged, or the elderly . . .
    6. Is seeking to be employed or licensed by the Department of Education, any district school board, any university laboratory school, any charter school, any private or parochial school, or any local governmental entity that licenses child care facilities;
    7. Is attempting to purchase a firearm from a licensed importer, licensed manufacturer, or licensed dealer and is subject to a criminal history check under state or federal law; or
    8. Is seeking authorization from a Florida seaport identified in s. 311.09 for employment within or access to one or more of such seaports pursuant to s. 311.12.
    (b) Subject to the exceptions in paragraph (a), a person who has been granted a sealing under this section . . . may not be held under any provision of law of this state to commit perjury or to be otherwise liable for giving a false statement by reason of such person's failure to recite or acknowledge a sealed criminal history record.

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  • Why can you only have your record expunged or sealed once even in Fl and is that only in Fl

    1st time job lied and said i stole money but no video so judge just threw the case out 2nd time wrong place wrong time someone i was with stole something and i was charged with because i was there and they could find him then he was found i was ...

    Eduardo’s Answer

    The short answer to your question is that, as a general rule, Florida statutes only permit the sealing of one criminal history episode (there are exceptions and there is process called an “administrative sealing”, which can result in more than one sealing). Florida Statute Section, Section 943.059 provides that, “The court may only order sealing of a criminal history record pertaining to one arrest or one incident of alleged criminal activity, except as provided in this section. The court may, at its sole discretion, order the sealing of a criminal history record pertaining to more than one arrest if the additional arrests directly relate to the original arrest. If the court intends to order the sealing of records pertaining to such additional arrests, such intent must be specified in the order.”
    I hope this helps.

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  • Trial help!

    Under what circumstances the trial can be delayed? And how long the delay may be approved? Could it be month or more or even less?My husbands pre-trail is about to happen and the trial is scheduled soon after that. We would like to delay the trial...

    Eduardo’s Answer

    There are a number of valid reasons for a trail to be continued and not being prepared is certainly one. Whether or not to delay the trial is a decision the judge will make after hearing from the parties. If both parties have been diligent in preparing but there are things that remain to be done, the court is likely to continue the trial. How long the matter is delayed depends on what the parties request and what the judge thinks is a reasonable amount of time. Getting a continuance of more than 30 days is not uncommon.
    I can’t answer your question regarding probation because there are too many variables. Your husband’s lawyer should be able to give him an idea of what are the potential resolutions which might be available to him.
    I hope this helps. Good luck.

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