Michael Alexander Misa’s Answers

Michael Alexander Misa

Tampa DUI / DWI Attorney.

Contributor Level 12
  1. Can I get a dui for being high and driving?

    Answered about 1 month ago.

    1. Michael Alexander Misa
    2. Kenneth Ray Turner Jr.
    3. Matthew Brian Podolsky
    4. Jon Friedman
    5. Jonathan Joseph Warrick
    6. ···
    9 lawyer answers

    Yes you can be charged depending on what the blood results come back with. It is imperative that you get in to see a criminal attorney well versed in DUI law. There is a possibility that you can defend this case based on what you said happened. There is also an involuntary defense but it is very fact specific to exactly what happened and what proof you have. Example is where someone drinks a beverage not knowing that someone else put a drug into the beverage and later the person is arrested for...

    15 lawyers agreed with this answer

  2. Criminal Background affecting College?

    Answered 23 days ago.

    1. Michael Alexander Misa
    2. Michael Adam Haber
    3. Robert P Garven
    3 lawyer answers

    I agree with Mr. Haber. I would add that since you apparently sealed a Felony case at age 18 you are no longer eligible in Florida to seal any other records. However, you can send in a request to FDLE for a complete background check and will be able to see what appears. Remember in Florida expunged and sealed records have certain exemptions under law. You can even deny the arrest except for certain applications to school board , law enforcement and the Florida Bar. Get familiar with the sealing...

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  3. Judge gives defendent 5 years.

    Answered almost 4 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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  4. What would happen to my girlfriend? What would her sentence be?

    Answered about 1 month ago.

    1. Tami Lane Augen
    2. Michael Alexander Misa
    3. Casey M. Reiter
    4. Matthew Paul Irwin
    5. Tony Anthony
    5 lawyer answers

    It is imperative that she be represented by an attorney. More than likely she has been assigned a Public Defender. If so, you can talk to them so they know all the facts and possible defenses. You also can seek the help of a lawyer on her behalf. Good luck!

    4 lawyers agreed with this answer

  5. Changing adjudication of Reckless Driving?

    Answered over 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

  6. Have a job with seniors was sent home due to fbi rap sheet have three dui only thing that could be on it

    Answered about 1 month ago.

    1. Robert William Dziech
    2. Michael Alexander Misa
    3. George Michael Wolfe
    4. Matthew Thomas Ernst
    4 lawyer answers

    It is difficult to predict if you qualify for future employment with seniors. The issue maybe that you failed to disclose the 3 DUI's and they exercised their rights under the application process. If those are actual convictions then they will appear on your criminal history and may disqualify you for that type of employment due to the potential liability to the company. Knowing that you may have to disclose those priors if asked about convictions. The only advice I can give you is to show...

    5 lawyers agreed with this answer

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

    Answered about 1 year 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

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

    Answered over 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

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

    Answered over 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

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

    Answered almost 4 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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