Skip to main content
Brett Nicholls Metcalf
Avvo
Pro

Brett Metcalf’s Answers

186 total


  • Is a thirty year old man committing a crime by talking with a minor online?

    If a thirty year old man is conversing with a seventeen year old (soon to be eighteen year old) online without any sexual messages (text or photo) sent, is he committing a crime and is he able to be charged or investigated?

    Brett’s Answer

    If there is no sexual intent, then you are not committing a crime. Sexual intent can be inferred from conversation or actions, even if it's not explicit or overt.

    If you are being investigated, you should immediately hire an attorney. Always best to thwart prosecution on the front end when you have the opportunity.

    See question 
  • Can you go to jail in Florida because of DUI? There was an accident with damage to property, but nobody got hurt.

    Have never been in trouble with the law.

    Brett’s Answer

    DUI with property damage is punishable by up to 1 year in the county jail. That doesn't mean you will end up serving any jail time. In fact, most first time offenders avoid a jail sentence. Still, take this matter seriously and hire the best DUI lawyer you can find.

    See question 
  • Looking for an experienced criminal attorney that excepts payment plans in Hillsborough County.

    I need someone to defend me on a possession of cocaine charge and 2nd DUI above .l5 (not in 5 years). I can put 1,000 up front and pay 100 a week. If you can work with me on this, please respond. Thank You for your time.

    Brett’s Answer

    I highly recommend Sam Harden. Not sure if he can work with your payment proposal, but I know he does his best to accommodate his clients. His number is 813-258-4800.

    See question 
  • Is the Kehoe test a good defense for a DUI case ?

    A friend of mine was charged with suspicion of DUI because of an illegal turn, however it turns out t his attorney was able to get a video footage of a nearby building, and it clearly show that my friend didn't not make an illegal turn. I have bee...

    Brett’s Answer

    Though I'm not convinced the Kehoe case is the most persuasive authority, your analysis is correct. If your friend did not make an illegal turn and that was the only basis upon which the officer stopped him, then your friends 4th Amendment rights were violated at the time of the stop. All evidence obtained thereafter should be excluded from trial. That would result in a dismissal of his case.

    Best of luck.

    See question 
  • Should his citation be thrown out??

    My boyfriend got pulled over after a police officer ran my license plate number and saw that my license is suspended (which I totally understand) When the officer realized I wasn't driving the car he continued with the traffic stop and my boyfrien...

    Brett’s Answer

    If the officer's only basis for stopping the vehicle was his belief that you were driving, then yes, your boyfriend's case could be dismissed if the appropriate motion is filed. If the officer claims to have another basis for stopping the vehicle or continuing the detention after realizing you were not the driver, then your boyfriend would be less likely to succeed on a motion to suppress.

    4th Amendment issues can turn on seemingly minor details. Your boyfriend's lawyer is best suited to analyze the facts of his case and offer his or her strategy.

    See question 
  • I am arrested with a sex crime, I have dozens and dozens of text messages proving I didnt do it? how can I print out to show

    the court? i picked up a girl at the club we were talking, went to vip and fooled around i bit, we took a cab to my place and had sex multiple times, i took video of it, and i texted her when she left and told her i had a great time and she said m...

    Brett’s Answer

    Sounds like you want to just show the judge the texts so the case will be dismissed. Our system doesn't quite work like that. There a a variety of ways you could introduce the text messages in trial. It may a better strategy to share the messages with the State Attorney, but your lawyer may want to wait until the right moment, depending on his or her best strategy.

    Being charged with a crime you didn't commit isn't justice. Being convicted of that crime is even worse. You would do yourself a great service you hire the best lawyer you can find. Given the nature of your charges, your future and freedom depend on it.

    See question 
  • Will the state attorney look for prior dui out of state when researching my case for a dui in got in FL

    Florida DUI - 11.13.14 Out of State DUI - 2.8.2012 When getting my FL license I was asked if I have any DUI from another state and I said that I did.. is this in my driving record?

    Brett’s Answer

    The prosecutor will definitely look into your priors, but he better question is whether he/she will see it. Chances are, your prior DUI will appear on your Florida DL record. I've situations where prior, out-of-state DUI's did not show up on my client's record, even though other infractions from the same state were present. Sometimes you get lucky with DMV, but I wouldn't count on it. Also, there are other databases from which your prosecutor can find out about the prior DUI. None of us can predict how thoroughly your prosecutor will dig into your past.

    Assuming your prior DUI conviction is discovered, you will be facing enhanced sentencing sanctions, including a 5 year DL suspension and 10 days in jail. Hire an experienced DUI lawyer immediately.

    See question 
  • What to expect from second violation of probation?

    My friend had a VOP dismissed just this month. I think he got really lucky with his nice judge. Just one week after the dismissal which also included community service and 1 year curfew, he is rearrested for stalking and domestic violence charge. ...

    Brett’s Answer

    There is a 0% chance his P.O. won't find out.

    Assuming he is charged with the VOP, he will not be entitled to a bond. More importantly, if either the stalking or DV charge is filed as a felony he may be designated as a Violent Felony Offender of Special Concern. If that happens, the judge will not be able to give him a bond even if he or she wants to.

    Your friend is most certainly facing prison time. His best bet is to hire a skilled defense lawyer from the Orlando area. Best of luck.

    See question 
  • I had a DUI in Florida in 1999. Will this show up on an FBI background check?

    I was a teenager at the time (over 17). I'm now applying for licensing as a CPA in Texas. The CPA board has a "moral character" clause and I'm worried I may not be able to get a license because of this. It was a misdemeanor charge. Will it show u...

    Brett’s Answer

    • Selected as best answer

    DUI convictions stay on your record for 75 years. Also, a conviction for any criminal offense (including DUI) would preclude you from expunging a record in Florida.

    As long as you were, in fact, convicted of DUI, there's not much you can do. You may have an out if you plead to an amended charge, but honesty tends to be the best policy with professional licensing boards. You'll create a much bigger problem if you aren't forthcoming about your past.

    See question 
  • Can They Do This?

    My Fiance Went To A Party On July 5th With A Man He At The Time assumed Was A Friend. At The Party He Met Two Women And The Women Took Them Home. My Fiances Intentions Were To Cheat His So Called Friends Intentions weren't The Girl Was Showing Off...

    Brett’s Answer

    Tough to know why he was arrested without knowing law enforcement's take on the case. They could have viewed your fiance as an accomplice to the robbery - believing he was in on the whole thing. Or they could have a view on the facts that is entirely different from yours.

    In any event, your fiance needs to consult with an experienced, talented defense lawyer asap. Sounds like he could be facing mandatory prison time. Best of luck.

    See question