Jorge Leon Chalela’s Answers

Jorge Leon Chalela

Tampa Criminal Defense Attorney.

Contributor Level 6
  1. I was arrested without getting my maranda rights read to me.

    Answered 8 months ago.

    1. Jorge Leon Chalela
    2. Alberto Marino Quirantes Jr.
    3. Christopher Robert Dillingham II
    4. Zachary Michael Ward
    4 lawyer answers

    Miranda warnings have to be given to a subject when (1) the person is "detained" or "in custody" (as those terms of art are defined in Miranda case law applying the Fifth Amendment of the U.S. Const. and any other relevant jurisdiction's equivalent or higher demanding standard to the scenario) AND; (2) BEFORE any questioning or interrogation by police, IF the government intends to use the statements made by the subject against that subject. In other words, there is no requirement Miranda be...

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

    Answered over 2 years ago.

    1. Jorge Leon Chalela
    2. Craig A. Epifanio
    3. Richard C. Southard
    3 lawyer answers

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

    Answered over 2 years ago.

    1. Jorge Leon Chalela
    2. James O Davis Jr.
    3. John Patrick Guidry II
    4. James Regan
    4 lawyer answers

    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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  4. Pretrial intervention 2010 for possession of a controlled substance w/out prescription. How do I get rid of this from my record

    Answered 8 months ago.

    1. Jorge Leon Chalela
    2. Michael Adam Haber
    3. Alberto Marino Quirantes Jr.
    4. Robert Jason De Groot
    4 lawyer answers

    There are criteria in the sealing and expungement statutes in Florida, explaining what is necessary to qualify for sealing or expungement in Florida. A Nolle Prosequi disposition (prosecutor drops the charges) after a pretrial intervention program is successfully completed is NOT a "conviction" for purposes of Florida's sealing and expungement statutes. Assuming arguendo someone achieves having an arrest sealed or expunged under the Florida Statutes, does NOT mean that the arrest record is...

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  5. 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?

    Answered over 2 years ago.

    1. Jorge Leon Chalela
    2. Zachary Michael Ward
    3. Craig A. Epifanio
    3 lawyer answers

    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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  6. Can a case from 14 yrs.ago be held against you if the case was adjudication withheld and all terms were met ?

    Answered 7 months ago.

    1. Jorge Leon Chalela
    2. Bryce Aric Fetter
    3. C. C. Abbott
    4. Mark H Randall
    5. Alberto Marino Quirantes Jr.
    5 lawyer answers

    First of all, if he pled no contest to the 1998 case AND received a withhold and which is still withheld, the State would most likely, under the case law, not be able to score that 1998 offense in the prior record category of the Criminal Punishment Code Scoresheet. Assuming he pled guilty and received a withhold that still is a withhold, Florida Rule of Criminal Procedure 3.704(d)(14)(A) states that offenses committed more than 10 years before the instant alleged offense must not be scored as...

    4 lawyers agreed with this answer

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

    Answered over 2 years ago.

    1. Jorge Leon Chalela
    2. Spencer Alan Cordell
    2 lawyer answers

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

    Answered over 2 years ago.

    1. Jorge Leon Chalela
    2. Don Waggoner
    3. Royce Brent Bishop
    3 lawyer answers

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

    Answered over 2 years ago.

    1. Jorge Leon Chalela
    2. Jeffrey Davenport
    3. Craig A. Epifanio
    3 lawyer answers

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

    Answered over 2 years ago.

    1. Jorge Leon Chalela
    2. Don Waggoner
    2 lawyer answers

    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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