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John Armando Edmiston

John Edmiston’s Answers

30 total

  • What should is the best course of action I was charged with possession of a controlled substance and I'm a first time offender

    I was in Yvor city and went to my friends car with two friends to grab a bottle of water . While sitting in the car two police officers opened the car door and had us leave the vehicle . They proceeded to search the car ( not sure if the owner ...

    John’s Answer

    I agree with the other attorney's answers and am also available to meet during business hours and after. 8134820355

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  • Is your lawyer allowed to hold your discovery from you?

    My boyfriends public defender would not allow him to see his discovery stating that "It had to much about his co defendant in it". Is this even allowed?

    John’s Answer

    Sounds to me like your boyfriends public defender has a conflict and should remove himself from the case. I suggest that you talk to the public defender's supervisor and adivce them of the situation. I would email them as well so that you have something in writing tell them that you want to see your discovery and the fact that you believe there is a conflict with your lawyer.

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  • Should a minor plead no contest if he feels he was defending himself? we go t court may 10, i will request the public defender.

    my son(16) was charged with simple battery for a mutual fight. there was a 1st fight(same kid 19) the kid pulled a knife my son walked away the same kid saw him mths later and wanted to finish the fight....he stuck his hand in his pocket my son th...

    John’s Answer

    Yes your son has a defense it is called "self defense" and no he should not plead no contest because this is in essence "guilty" and your son will not have the opportunity to challenge the battery charge. Contact a local attorney ASAP.

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  • What does a y flag mean on adjudication withheld

    burglary or attempt no assult unarmed unoccupied conveyance

    John’s Answer

    This question is very vague. A "Y" flag can mena "Yes" on adjudication being with held or it could mean the person was sentenced as a youthful offender. You need to contact a local attorney and discuss the "y" flag.

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  • If your case has been nolle prossed can law enforcement still come to your house looking to arrest

    case has been nolle prossed back in jan.

    John’s Answer

    Yes law enforcement can actually come back and arrest you on the same charges even if the case was nolle prossed as long as the statue of limitations has not run out. Additionally, they can come arrest you on different charges if the evidence supports it. You need to discuss this situation with an attorney as soon as possible.

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  • If I was arrested 9 charges include drug charges w/intent to sell my car was seized but I am eventually am charged w/ 2 charges

    I was arrested fordrugs with intent to sell ,fleeing and eluding, resisting w/o violence and other traffic tickets 9 charges all together. My car was seized in the process I am currently only charged with fleeing and resisting no drug charges or t...

    John’s Answer

    I agree that your lawyer is correct. You need to discuss with your lawyer if there is a remedy for you to recover the car. If you have not been served with "notice of forfeiture" then the car is only evidence and the police is not seizing the car. Discuss these issues with your attorney.

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  • Do i have to answer YES on job apps if my case had adjudication withheld?

    I have a 3rd degree possesion charge from 2006 in Santa Rosa County (Milton FL) for which adjudication was withheld. Which means i was not convicted by the court. So am I or am I not a convicted felon? And why is this just now causing me problems ...

    John’s Answer

    If the question asks, have you ever been convicted of a felony? Then your answer would be "No." However, if the question asks, Have you ever been arrested? Then your answer would have to be yes. You need to speak with a local criminal defense attorney to find out if you can have the charge sealed. If you can then you can legally deny the arrest and the offense to almost every employer. Note however, there are some exceptions but you can discuss this with the lawyer you call.

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  • If a temporary injunction is ordered can the petitioner harass the respondent?

    fight between teenagers neither arrested police left it as mutual fight. one of the girls parents got a temporary injunction against the other girl. the petitioner of the injunction on the same day injunction is served is standing out in front of...

    John’s Answer

    This is very improper espcially since the injunction is because of fear of repeat violence. I would recommend that you have your daughter file a restraining order on the other girl based on the mutual fight and now the stalking incident. You should speak with an attorney about the injunction because it can have an important impact on the your daughter's live.

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  • Can you still enter teen court if you get another charge?

    My son is in the process of entering teen court for a canabis incident at school. He went to Spring Break in St. Johns County and was with a group of kids and was charged again with possession. Does this void his chances of any diversion program...

    John’s Answer

    More likely than not your son will be excused from teen court. You need a lawyer to look into the facts asap to advice you on whether there are motion issues so that maybe your son's second charge will be dismissed and they can let him re-enter teen court on the first charge.

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  • Can I apply to Florida Medical Licensing Examination with a Texas misdemeanor deferred adjudication involving narcotics?

    A year ago, I was charged with a third degree felony for drug possession in Texas, but in the date of my trial the DA offered to lower that charge to a misdemeanor deferred adjudication for a guilty plea. I wanted this to go to trial because I'm i...

    John’s Answer

    This question is very complex because 1) you need to ask your lawyer in Texas what exactly does does defferred adjudication mean? Is it a diversion program where the charges will get dropped after you complete the program? 2) even if you fight the charges you will still have to explain away what happened so I am not sure that is the best solution. In any case you need to be truthful and honest when applying for your license. 3) You need a lawyer in Florida. I suggest that you speak with a lawyer in Florida who can help you with the medical board and be in contact with your lawyer in Texas to help you through this whole process. After all we are talking about your ability to make a living as a doctor.

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