-
Sign in with:
- Sign in
- Register
- Are you a Lawyer?
Richard A. Alexander's Answers
- 117 Legal Answers
- 2 Legal Guides
3
Attorney answers:
How can I expedite the transfer from Florida to Texas?
My experience with the transfer of cases to another state is that it always comes down to the home state, for judges and prosecutors have a tendency to not only allow an individual to go back home, but, especially, if the prospects are for a better life. I don't see you getting denied without some form of explanation given the way Interstate Compacts work, but my colleague did a masterful job of providing you the necessary information to make an informed choice. Best of luck, Richard...
Selected as best answer
2
Attorney answers:
What would the process be for me to get my outstanding tickets paid and my license reinstated?
If I may respectfully add to Mr. Berry's response, be aware that every time you pay a ticket - it is an admission of guilt and points will be assessed accordingly. Therefore, it is possible that simply paying the tickets to get reinstated may result in your suspension again in the immediate future for an accumulation of points within a specific time period (12 points within 12 months) and possibly being classified as a "Habitual Offender." Please check with DMV before paying any outstanding...
Selected as best answer
2
Attorney answers:
How to get restitution for a fraud? Person admitted to crime and was recently arrested for other fraud but Judge is soft.
First, both the judge and the prosecutor (more important), are obligated to ensure justice and make the victim(s) whole. Again, I firmly believe this protection is most important from the prosecutor's perspective, since it is that office that should always look out for the victim's rights. The judge is really a neutral party, notwithstanding, she is also required to make certain that all are treated fairly. I do not know what actually happened in court the day the defendant was sentenced,...
Selected as best answer
3
Attorney answers:
Reckless; DWLS;VOP; and DUI in Brevard County Fl.
The immediate problem is the VOP because he is looking at the sentence he could have received on the original conviction. The other issue is that he has been charged not only with a 2nd DUI (I understand that the 1st was reduced), but it does not affect the refusal, or the State Attorney's willingness to compromise. I can only conclude that one of the reason he was able to secure a reckless on the 1st DUI was because he refused on that case, as well. The concern with the 2nd refusal is they...
Selected as best answer
2
Attorney answers:
Employment denied
In Florida, it is not possible to expunge or seal a DUI conviction, for the simple reason that the prior DUI conviction is used to enhance any new pending DUI. For instance, a 2nd DUI within 5 years is treated very differently than a 2nd DUI outside of 5 years. Basically, that is the reason why a DUI is not subject to an expungement. There are rare, rare exceptions, for instance, DUI arrest reduced to reckless driving, but, then again, that is not a DUI conviction. Best to check driving...
Selected as best answer
4
Attorney answers:
My ex wife got me a trespass warning of her residence in the year 2008 and now she raised criminal charges against me
I would tend to agree with Ms. Wrights' assessment, her subsequent behavior would certainy indicate that you have an arrangement as to the children, thus the trepass warning is null. I find it hard to believe that you were arrested at the Miami airport on a misdemeanor, although that may have something to do with her current partner. My best, Richard Alexander, Esq. Cell: 813-850-4247
2 lawyers agreed with this answer
3
Attorney answers:
My case got dismissed when do i get my money back from the bond
Typically, it takes a matter of weeks to get the bond back AFTER the case has been resolved. However, this all depends on who exactly put up the bond. If it was a bondsman, then he will get that money back since he took the risk in providing the surety to allow you to be out on bail. Remember, his actual fee was the 10% that you originally paid him to put up th entire amount. If it was a family member, friend, etc., then it should be a matter of time. I have always told my clients to...
3 people marked this answer as helpful
3
Attorney answers:
Will i go to jail for grand theft?
It is very difficult at this juncture to determine whether someone will get jail time on any crime, really. With that said, it is critically important to not only collect and gather all the Discovery that the State Attorney will ultimately use, but are there any crimes and/or arrests in the accused's past, are the victim(s) willing to cooperate, does that State have a strong or weak case, what is the recommendation of a Pre Sentence Investigation report (if one is ordered), is this an isolated...
1 lawyer agreed with this answer
2
Attorney answers:
My brother's sentencing date is jan 4, 2010. how much time do they allow family members to speak? thank u!
I agree with Mr. Mosca, for it has been my experience that anyone that has any interest in the case will be allowed to speak, but any time allowed will be at the discretion of the sentencing judge. The most important thing is to be prepared. Now, with that said, I can certainly appreciate that it will be emotional but the idea is to verbalize to the judge how you feel. Moreover, it is important to let the attorney know that you wish to speak, so he or she can focus your message and/ or time....
2 people marked this answer as helpful
4
Attorney answers:
Will i violate probation if my court fines aren't paid up by the time my probation expires?
If your question is "can you be violated if court costs are still outstanding?", then the short answer is “yes.” However, the analysis does not end there because Florida case law is quite clear in that any violation of probation must be willful. In other words, if you are unable to make payments due to conditions beyond your control, income, medical bills, loss of job, you are the sole bread winner in your family, etc., then it is not necessarily willful. Nevertheless, that is a factual...
2 people marked this answer as helpful