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Eduardo A. Suarez

Eduardo Suarez’s Answers

32 total

  • If I have had a 3rd degree felony charge expunged from my record over a year ago can I open and own or work at a daycare?

    If I have had a 3rd degree felony charge expunged from my record over a year ago can I open and own or work at a daycare/child care facility?

    Eduardo’s Answer

    It is impossible to answer your question with any degree of certainty with only the limited information you have provided but here is what I can tell you. Florida Statute section 943.0585(4)(a) provides certain exceptions which require you to disclose the prior criminal history notwithstanding the fact that your record has been expunged. One of those exceptions is if you are seeking to be employed or licensed by Department of Children and Family Services, among others, or if you intend to work “in a sensitive position having direct contact with children . . .” The following link contains some useful information including the statute I just referenced. Good luck.
    http://www.fdle.state.fl.us/content/getdoc/c83dd888-ef7a-448e-9a96-ba69fc4181f7/Seal-and-Expunge-Home.aspx

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  • Can i still have my first charge expunged?

    I was arrested for the first time last january for petty theft (19 dollars) and completed the MIP program in florida. (charges were dropped i think, or either dismissed) i was eligible for expungment, but since i am a student and do not work held ...

    Eduardo’s Answer

    While I think the answers provided by the other attorneys are generally accurate, there is more information you should know. The fact that you have a new arrest does not render you ineligible to have your records sealed or expunged; however if you are adjudicated guilty on the new case, then you would no longer be eligible to have your record sealed or expunge. As a practical matter, you should consider immediately beginning the process obtaining a Certificate of Eligibility from FDLE so that you can move forward with your petition, prior to the disposition of the new case. No matter what happens, you must endeavor to ensure that you are not adjudicated guilty of the new charge because as explained earlier, if you are, you will no longer be eligible to seal or expunge your record. Below is link to the FDLE website containing the statutes and other useful information. Good luck.
    http://www.fdle.state.fl.us/content/getdoc/c83dd888-ef7a-448e-9a96-ba69fc4181f7/Seal-and-Expunge-Home.aspx

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  • Misdemeanor possession of marijuana

    jail time, violation of probation, 1st offense

    Eduardo’s Answer

    I concur with attorney Slavin’s answer; all I would add is that generally, if a person has no criminal history (or a limited one), a lawyer should be able to negotiate a plea agreement that involves no jail time. You should also be aware that an adjudication of guilt (conviction) can result in a license suspension.

    Good luck

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  • Defense conversation

    Must the procecution be notified if defense's lawyer contacts a person that was interviewed in a case, but not yet a whitness for either side? This was a phone conversaion with the interviewee and the defenses lawyer. Is the procecution now req...

    Eduardo’s Answer

    A lawyer has the right to fully investigate a case and has NO duty to disclose to the prosecution the identity of those he has interviewed or intends to interview. In fact, depending on the circumstances, such an interview is likely to be covered by the attorney work-product privilege.

    I hope this helps

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  • Probable cause and arrest for cocaine possession

    I got arrested for poss of cocaine. They stopped me saying that I ran a stop sign and wanted to search my car which I approved.After cpl hours they told me they found coke residue on my door and wanted me to give out names.Even though I told 'em t...

    Eduardo’s Answer

    The primary question is whether the officers violated your civil rights and that may largely depend on exactly what they did. For example, did officers claim that they performed a field test on the substance and that it tested positive? If they didn’t conduct a field test, what was their basis for arresting you? Did they follow the department’s procedures in effectuating your arrest? Does the department have appropriate procedures in place to protect citizens from false arrests? Depending on these and other issues you may very well have a basis to sue. I would suggest that you sit down with an attorney for a full consult.

    I hope this helps. Good luck.

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  • What sentence do you recommend?

    My house was vandalized at night w/ my daughter inside. 3 windows were shattered causing $2500 worth of damage. My daughter does not want to sleep alone anymore and most of the time is making up trips to the shopping center during the night to g...

    Eduardo’s Answer

    Making a sentencing recommendation is highly personal and emotional process; decisions over what is a just sentence vary greatly depending on person’s sense of justice and willingness to consider tempering their recommendations with mercy. A couple of suggestions are to find out what the sentencing range is under Florida’s Punishment Code and the defendant’s prior criminal history. You should also consult the prosecutor and take their recommendations into account. I would also suggest that you try to make your assessment regarding the defendant’s remorse (or lack thereof) and if you are person of faith, pray for guidance. I hope this helps — good luck to you and your family.

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  • How can the charges be dropped fully?

    Im charged with misdemeanor battery. I claimed it occured in self-defense. Now the victim wishes to drop the charges. How can this be done without the state attorneys office picking up on the case? For example, if the victim were to submit a notor...

    Eduardo’s Answer

    Generally, in situations where the victim does not wish to prosecute the State Attorney will require the victim to go down to its office and execute a “Waiver of Prosecution”. If such a document is executed, there is a reasonable probability that the State will not go forward but it is ultimately their decision and depending on the circumstance they may elect to go forward.

    I hope this helps — Good luck.

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  • Is this considered an axpungment?

    in the 80s, my MOM got a certified letter (warrent for me) for not appearing court regarding a car crash. I ,was in GA @ college, I did not know what they were talking about, they thought I was lying. LSS...I went & found phone records etc..proved...

    Eduardo’s Answer

    The process you describe is not an expungement. An expungement of a criminal history requires certain specific, delineated steps to be followed and a petition filed and ultimately granted. As of the existence of a record, I am certain there is a record of this case; the question is whether it links back to you or whether it is clear that the perpetrator was someone other than you. There is no way to answer that question without more information.

    I hope this helps.

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  • What is the process of expunging a record?

    How much is it to expunge a record?

    Eduardo’s Answer

    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 qualify, a judge has the discretion to deny the petition (although, as general rule, most judges grant properly filed petitions by qualified applicants).

    I hope this helps.

    Best of luck.

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  • Which is better a public defender or lawyer?

    What is the difference?

    Eduardo’s Answer

    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 clients; this means that it is unlikely that you will get the same level of personal attention that you would with a privately retained lawyer.

    I would encourage you to explore hiring a lawyer first; if you become convinced that you cannot afford to hire competent, legal counsel then explore whether you qualify for the services of the public defender.

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