Eduardo A. Suarez’s Answers

Eduardo A. Suarez

Tampa Criminal Defense Attorney.

Contributor Level 9
  1. Can i still have my first charge expunged?

    Answered over 4 years ago.

    1. Stephen Andrew Mosca
    2. Richard A. Alexander
    3. Craig A. Epifanio
    4. Eduardo A. Suarez
    5 lawyer answers

    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...

  2. Misdemeanor possession of marijuana

    Answered about 5 years ago.

    1. Aaron J. Slavin
    2. Eduardo A. Suarez
    3. John Patrick Guidry II
    3 lawyer answers

    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

  3. Defense conversation

    Answered about 5 years ago.

    1. Dennis Michael Phillips
    2. Stephen Andrew Mosca
    3. Eduardo A. Suarez
    3 lawyer answers

    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

  4. Probable cause and arrest for cocaine possession

    Answered over 5 years ago.

    1. Eduardo A. Suarez
    2. Dominick Christopher Russo
    3. Michael Alexander Misa
    3 lawyer answers

    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...

  5. What sentence do you recommend?

    Answered over 5 years ago.

    1. Craig A. Epifanio
    2. Eduardo A. Suarez
    2 lawyer answers

    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...

  6. How can the charges be dropped fully?

    Answered over 5 years ago.

    1. Eduardo A. Suarez
    2. Craig A. Epifanio
    3. Dominick Christopher Russo
    4. Adam Leo Bantner II
    4 lawyer answers

    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.

  7. Is this considered an axpungment?

    Answered over 5 years ago.

    1. Craig A. Epifanio
    2. Eduardo A. Suarez
    3. Nicholas Chukwuemeka Okorocha
    3 lawyer answers

    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.

  8. Can you still get a plea deal without an lawyer?

    Answered over 5 years ago.

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

    Dominick's advice is correct;, by entering a not guilty plea at arraignment the court is likely to schedule your case for pre-trial conference in about 30 days, which will give you time to retain a lawyer. As for your question regarding a plea deal, yes you can negotiate a plea agreement without a lawyer but it is very difficult. For starters the prosecutor is ethically obligated to conduct all negotiations with an underepresented defendant "on the record", meaning in open court with a court...

  9. Criminal traffic

    Answered over 5 years ago.

    1. Aaron J. Slavin
    2. Eduardo A. Suarez
    3. Daniel Perez Jr.
    3 lawyer answers

    It impossible to tell you that having a lawyer will “help [you] avoid jail” but there is a much a lawyer can do to minimize that probability. There are lots of variables that a judge will take into account in formulating a sentence but the bottom line is — you should definitely hire a lawyer. I hope this helps — good luck

  10. 1st to 2nd---Legal?

    Answered over 5 years ago.

    1. Raul Ruiz
    2. Eduardo A. Suarez
    2 lawyer answers

    I concur with the suggestions provided by attorney Ruiz. Vacating a plea is very difficult and the grounds limited. Unless something remarkably unusual occurred in your situation, the court, prior to accepting your plea, would have reviewed with you a plea form where you, under oath, indicated that you wished to plead guilty (or no contest), that you where doing this freely and voluntarily, that you had had enough tine to consult with your lawyer and that you were satisfied with his services....