Michael Alexander Misa’s Answers

Michael Alexander Misa

Tampa DUI / DWI Attorney.

Contributor Level 12
  1. Judge gives defendent 5 years.

    Answered over 3 years ago.

    1. Michael Alexander Misa
    2. Craig A. Epifanio
    2 lawyer answers

    The facts of what happened in Court are not very clear from your question. It is very important to know if there was a VOP hearing prior to sentencing or a plea? Who represented the Defendant? The attorney who represented the Defendant would have an ethical obligation to review the original sentence to determine what the court had jurisdiction over. If the Court was informed that the VOP was for not paying Restitution, but that was never ordered, then the sentence would be illegal. It sounds...

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  2. Changing adjudication of Reckless Driving?

    Answered about 2 years ago.

    1. Michael Alexander Misa
    2. Tracey Lyn Sticco
    3. Russell Stephen Pietryga
    3 lawyer answers

    It is difficult since you entered a negotiated plea accepting the terms you currently have. However, given the circumstance you may be able to file a motion to reflect a withhold of adjudication. Your bases could be that you have completed all terms and make an agreement with the State or stipulation and an order is entered. If that does not work, you could consider a motion to vacate the plea as involuntary if your lawyer never explained to you that it could not be sealed with the adjudication....

    4 lawyers agreed with this answer

  3. I asked if i should quit before being confronted with theft. First of all, i will avoid a confrontation and possible implecation

    Answered 10 months ago.

    1. Michael Adam Haber
    2. Robert Jason De Groot
    3. Matthew West Kindel
    4. Richard Aldo Serafini
    5. Michael Alexander Misa
    6. ···
    6 lawyer answers

    It is imperative that you seek counsel in a confidential setting. Remember this is a public forum and subject to anyone reading its content. That said, you need to get into much more detail so that a lawyer can help you, but I recommend that you do it in a consultation. Let me know If I can help. Good luck!!

    3 lawyers agreed with this answer

  4. IM CHARGED WITH AFFRAY BUT I NEVER HIT HIM THATS NOT A FIGHT IS IT WHENN HE CAUSED THE TERROR

    Answered almost 2 years ago.

    1. Ethan Andrew Way
    2. Michael Alexander Misa
    3. Brett Nicholls Metcalf
    4. James Regan
    4 lawyer answers

    Many times Law Enforcement officers will effect an arrest because two people were involved in a fight/scuffle but there is conflicting statements. many times the victim of the initial incident gets charged as well, although erroneously. The facts and witnesses need to be investigated to determine exactly what happened. Sometimes, a Stand your ground defense is available which could make you immune from prosecution. Good luck!!

    3 lawyers agreed with this answer

  5. How many days can florida hold you for non waived extradition to ohio for felony charges

    Answered about 2 years ago.

    1. Michael Alexander Misa
    2. David Richard Damore
    2 lawyer answers

    I agree 30 days, with an additional time to be set by the judge if good cause is shown for the delay. It is important that you not waive extradition and force the calling state to prove ID and a valid warrant. It is also the case that some states will not extradite due to expense and budget concerns on non-violent cases. Hang in there and demand your rights. On the thirtieth day argue that there is no good cause for further delay and request an immediate ROR (release on recognizance) Good luck!!

    3 lawyers agreed with this answer

  6. Will a plea of no contest to a DUI affect me in the future for a green card?

    Answered over 3 years ago.

    1. Michael Alexander Misa
    2. Eric J Trabin
    3. Christian Matthew Denmon
    4. Nicklaus James Misiti
    4 lawyer answers

    Any criminal history is subject for denial of Visa or residency, according to INS. However, your current status is a very important factor to be considered before you enter any plea to a DUI. In the long run an immigration attorney should be consulted as many first offense misdemeanors may subject you to deportation if violative of a visa vs. permanent resident status. Good luck!!

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  7. I have accepted PTI on a child abuse/neglect charge. I have a family court case pending w/ my exhusband. Will I lose custody?

    Answered over 3 years ago.

    1. Howard M Lewis
    2. Michael Alexander Misa
    2 lawyer answers

    I think you really should speak with a Family Law attorney who frequently does Dependency cases. It is possible that given all that you have done so far to make things better, you could seek reunification with your son. Remember that every case is different but the State and the Court are looking for guarantees that the child will not be exposed to an unhealthy/dangerous environment. That starts by losing the boyfriend and working towards the goal you want most. It sounds like you taken the...

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  8. Had a DWI in 1987 and it was reduced to a DWAI. I had DUI in September 2010 and was covicted of a DUI #2. Since I am already

    Answered over 3 years ago.

    1. Michael Alexander Misa
    2. Joseph Gardner Dato Jr.
    3. Theodore W. Robinson
    3 lawyer answers

    You should get the Judgment entered in your last case. It will have the penalties imposed by the Court. The issue you are facing with DMV is whether your reduced case is "similar" enough to have been considered like DUI and therefore your second case is a second DUI (according to DMV). If not then you should meet with an attorney who can help you schedule a hearing with DMV, make the argument and preserve your rights. If they rule against you, you can still appeal if you have the documents (...

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  9. DWAI traffic infraction In NY in 1987, DUI in Marion County 2010. The laws seem crystal clear 2nd DUI within 5 years..

    Answered over 3 years ago.

    1. Michael Alexander Misa
    2. Matthew Phillip Konecky
    3. Craig A. Epifanio
    3 lawyer answers

    I agree with Mr. Konecky. I don't get the severe suspension time. Maximum is 1 year on a second DUI outside of 5 years? Depending on the "similarity" of the NY conviction it may or may not qualify. Either you move to reconsider, revoke your plea or appeal the sentence if you fear jail time for revoking. Do not sit on your rights. Time is of the essence. Good luck!!

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  10. Can I get a public defender without being in jail?~ then turn myself in?

    Answered over 3 years ago.

    1. Michael Alexander Misa
    2. Theodore W. Robinson
    2 lawyer answers

    I think your question is: Can you speak to a Public Defender first, get appointed and then turn yourself in due to a warrant/probable cause etc. The answer is you are entitled to the assistance of a public defender if you are charged with a crime and are indigent. The public defender is assigned once you are charged and appear at 1st appearance, depending on the charge. The judge will advise you of the charges and if the offense is not petty, appoint the PD if you can not make bond. If you do...

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