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Daniel Perez Jr.'s Answers
- 44 Legal Answers
- 4 Legal Guides
3
Attorney answers:
I have a drug problem and it now has got me in trouble!~ will I stand a chance to get help and live normal or will I do time?
Sometimes in life an event happens that can drastically change your life forever. You admitting here you have a drug problem will go a long way if you are really serious about getting help. Unfortunately, because of your arrest you will now be forced to deal with your drug problem. I would recommend that you get with an attorney that will not only help you with your case but also guide you to where to turn to get help with your drug issues before they get you in to even more trouble. By...
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2
Attorney answers:
What is the ratio insurance companies use to determine total loss of a vehicle in Florida?
You are correct if the value or cost of the repair to the vehicle is 80% or more of the actual retail value of the vehicle pre-crash, then they will deem it a total loss. They must pay you not only the value of the vehicle, but also tax on that value and the cost of the tag transfer. Good look.
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1
Attorney answers:
I was arrested and charged with grand theft felony but adjudication was withheld.
Florida Statutes, s.943.0585 and s.943.059, set forth the criteria that must be met in order to be eligible to have a criminal history record sealed or expunged. In addition, these statutes also state that in order to have a criminal history record sealed or expunged within the State of Florida, an individual must first make application to the FDLE for a Certificate of Eligibility. Please note that the issuance of a Certificate of Eligibility does not mean that your criminal history record will...
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4
Attorney answers:
I got a DUI but have not yet been to court. Can I drive up until my court date?
Your DL was probably taken when you were arrested. You also received a yellow citation from the office that worked as your Dl for the first ten days following your arrest. If you did not appeal the DMV decision to suspend your license, then it’s suspended from the department. The length of time that its suspended will depend on if you actually submitted to FST, blow in the machine and the results of the test. The fact that you court date has not been set had nothing to do with your ability to...
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4
Attorney answers:
Do I need lawyer? How much troble am I looking at?
In Hillsborough County, due to the fact this is your first time in the criminal system, you should qualify for the misdemeanor intervention program. “MIP” you will be required to enter into the program which will consist of a class on why not to steal and will have to pay the cost of the item you took unless the store recovered it at the time you were arrested. You will also receive in the mail from the department store a charge, totally unrelated to the arrest and the criminal charges, of a...
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3
Attorney answers:
What is the most common punishment for 3 VOPs of felon probation but crime was committed before 18yoa vops committed after 18yoa
Lots of facts missing from your question, but we will make a few assumptions in this answer. Assuming you were placed on Felony Probation, therefore you were charged as an adult. If this is your 3rd VOP, then you have been in front of Judge Perry, assuming you are on probation in Hillsborough County. If that is all correct, then I’m sure you recall the words that Judge Perry told you the last time you were in from of him regarding your sentence. For example he might have mentioned don’t come...
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4
Attorney answers:
My son was in the car and the police find marijuana on his side, when they were asked who marijuana it was they didnt answer?
Was he arrested? Is there a case pending? Did they arrest the driver? Did they charge you son with anything? Could they have charged him due to the location of the contraband, the answer is yes. The issue will be where on “his side” was it. Was it between him and another passenger? If so, then who’s it was will be an issue when the case comes before the state. Lots of pending issues in order to give you more specific answers. Re-posting the exact issue will be helpful.
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2
Attorney answers:
Should I fight a Careless Driving Citation, issued during an accident?
Based on the facts as you have presented them, it appears that in fat you should fight the charge. 316.1925 Careless driving.-- 1. (1) Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in such manner shall constitute careless...
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1
Attorney answers:
Auto accient and the insurance company Florida
Contact your insurance company and let them know where your vehicle is located ASAP. Advise them that you will authorize them to view the vehicle and move the vehicle to a location of their choice if you are OK with them picking the repair location. You certainly have the right to pick the repair shop you want to use. I would suggest then you go directly to the location where the vehicle is located and authorize them in writing to allow only YOUR insurance company access to the vehicle and...
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2
Attorney answers:
If you get a 1ct misd expunged(disorderly conduct)from California, does CA rules apply to other states?
This is per Florida Law. When a criminal history record is sealed, the public will not have access to it. Certain governmental or related entities, primarily those listed in s. 943.059(4)(a), Florida Statutes, have access to sealed record information in its entirety. When a record has been expunged, those entities which would have access to a sealed record will be informed that the subject of the record has had a record expunged, but would not have access to the record itself without a court...
1 person marked this answer as helpful