Jorge Leon Chalela's Answers

Charged with Grand Theft in 3rd degree,please i have question...

The felony court for all of Hillsborough County is named the Thirteenth Judicial Circuit Court. According to the legislature, there are two main purposes in setting pre trial release conditions (ROR, released on one's own recognizance; ankle and/or gps monitoring; bond/bail; other conditions) which are: (1) to ensure the presence of the accused at future court dates, and; (2) to protect the community or any alleged victims from a dangerous defendant. Typical factors in setting bond are ties to...

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Can the DA office really reduce your charge from felony to misdemeanor if you give info on someone?

The prosecutor has the power in Florida to bring a felony formal charge (except a crime punishable by death-see below) by way of "Information" (rule 3.140(2)) if they swear they have taken live sworn testimony, believe that testimony, and believe the charges are brought in the name of justice (they also have to have a good faith belief as attorneys at law that the charges are provable in a courtroom [rules of evidence] beyond a reasonable doubt). The only crime that is brought by Indictment...

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I have been arrested but not convicted yet. I just got a job and they will do a background check. Will it show my arrest?

If the arresting police agency has public records of the arrest, or if the clerk of court has public records of all significant court activity (like a case being opened up upon an arrest and/or first appearance and/or filing of an arrest affidavit/criminal complaint, etc.) or if some other agency has public records of arrests, then an arrest does show up in a "background check" done by anyone in the common public. for example, some counties in Florida have every jail booking record online, and...

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Can a misdemeanor charge that I have not been found guilty of be the sole basis to violate my felony probation.

one of the standard conditions of any probation (or any form of "community supervision"), is that the probationer not commit any new law violation. often, it is misunderstood that a new arrest "automatically violates probation". actually, the only way one can be found in violation of their probation, is if the court makes a finding that a violation has been committed, and that the violation is "willful and substantial". there are only two ways that a court can find one in violation, Fla....

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My boyfriend violated probation twice he went to court and I'm reading the docket and its says plea set for 2/28/2012

When someone is arrested for an alleged violation one is arrested because there is "probable cause" they have violated their probation. Violation of probation cases do not entitle the alleged offender to bond/bail, but, the courts can choose to give a bond if they so desire. Some local circuits have chief judge administrative orders declaring there shall be no bonds issued on violations of probation. No alleged violator of probation can be found in violation unless either: the defendant "...

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What is the fine and sentence for commiting perjury in florida.

In Florida, perjury is a first degree misdemeanor (a year max jail); a third degree delony (5 yrs max, unless an habitual sentencing is applicable, which increases the max and imposes other enhancements); or a second degree felony (15 yrs max, unless an habitual sentencing is applicable). Respectively, the first is not in an "official proceeding" (see definition in statute), the second is in an official proceeding, and the third is in relation to a capital case (see chapter 837 for details)....

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What happens if your on pre trial diversion and you fail to pay all fines but you've payed some?

pre trial diversion/intervention programs ("PTI") are a golden opportunity. one ought to do everything possible to successfully complete them. if completed successfully, the charges literally get dropped (nolle prosequi'd; nolle prossed). most programs do not require any change of plea from not guilty to enter pti, so if the case is rejected from pti, the case simply is reopened with all the defendant's rights still in take (to file motions, go to trial, etc.). successful completion of PTI...

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I have served 40% off my comm con completed everything do i have to wait to till i have completed exactly 50 %?

If you had a plea bargain, then it is critical to check it. If the plea bargain states no "early term" or "no roll over ( to probation)", then the court cannot change the terms of that plea bargain (per caselaw). If however the bargain is silent about that, or even states you can apply for early term, then the court can early term or roll over to probation. One must also check to see the oral pronouncement of sentencing to see if the court stated no early terminations or rollmovers....

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Jjuvenile charged with armed robbery,no gun found.is it possible to beat such a charge?

It is a common myth to think the prosecutor must "produce" the weapon at trial when a weapon is an element of the crime alleged. In short, a conviction can stand without ever finding or producing the weapon, so long as, either the Defendant/Child pleads guilty/nolo contendere to the charge, or, a jury finds that the State proved the crime beyond all reasonable doubt, overcoming a presumption of innocence. The fact a weapon "was never found" sometimes can bring an arguable reasonable doubt....

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