Lori Doganiero Palmieri's Answers

What is the punishment and possible sentence for felony robbery

A simple robbery (without a weapon) in Florida is a second degree felony punishable by up to 15 years in prison. A firearm used, even without injury, would elevate it to a first degree felony punishable by life. It could also invoke the 10-20-Life firearm enhancement statute requiring a 10 year minimum sentence if the gun was possessed during the commission of the crime. The grand theft statute is separated into degrees. If the value was $300 or more, but less than $20,000, then it is a 3rd...

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Administrative Probation?

Administrative probation is sometimes referred to as "Court supervised" probation. It has similar requirements as regular probation, but does not involve reporting to a probation officer monthly. Generally it requires some completion of community service work and most importantly, not picking up any new charges. It can be a very reasonable way to resolve a case without imposing too many restrictions on the client.

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Record sealing

No, since this offense is specifically enumerated in the statute as exempted from sealing eligibility. Unfortunately, this is a all or nothing scenario, once you fail to qualify, there is nothing to do but seek clemency, which would take years.

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If you take a charge to trial, get found guilty, put on probation, and pass the appeal date can u still go back on appeal?

Appeal deadlines are jurisdictional, so you have probably lost the ability to file an appeal. You may have other remedies if the arresting officer lied ont he state and it can be proven. Speak with a criminal defense attorney in your area asap!

I had adjudication withheld with my charge but didn't get probation is there anything i can do to get it expunged or sealed

Depending on the charge, you are only eligible, perhaps, to seal this record. You must pass the other qualifications of never having a prior adjudication of guilt on any adult criminal offense or local ordinance violation or having been adjudicated delinquent as a minor. If you otherwise qualify, this may be sealed if it is not an enumerated offense exempted under the statute. After ten years of sealing and no other criminal convictions, it can then be expunged if originally sealed.

Where can I find a pro bono lawyer?

You are entitled to a competent lawyer, however, not necessarily the one of your choosing. If there is a serious conflict with your public defender that you can demonstrate to the court, you may be appointed another attorney. If you just don't like the advice your PD is giving you, of course you can hire a private lawyer. If you do not have sufficient funds to do that, I would suggest you try to work out the differences with your existing lawyer. You may find it is easier than you think to...

No record of misdemeanor citation

Don't make the critical mistake of thinking this situation will just go away without you having to do anything. If you fail to make a court date or inquire further about the citation, it could result in a warrant being issued for your arrest. That could not only result in an arrest on the warrant but will create unnecessary criminal history you just don't want. Contact the clerk's office and inquire yourself if you cannot afford to hire a lawyer to represent you.

Can a judge order you 2 a drug test befor a verdict?

Your question seems to ask two questions: first, before you are convicted, can the judge order a drug or urine test, and second, whether such a test be ordered if you show up for a disposition under the influence? While a case is pending, you have either been released ROR or have posted bond. The Court sets reasonable bond conditions, one of which can be not to use intoxicants to excess. If you show up in court under the influence, the Court could order a test to determine if he/she wants...

If a florida defendant lost gun rights due to conviction, what rights does spouse have?

The civil right of possessing a firearm is lost by the convicted spouse. It does not infringe on the right of the spouse with no felony conviction. If the convicted spouse wants to remain lawful, he/she cannot live in the premises where the gun is located.

HELP! I Need a Criminal Defense Lawyer in FL!

If your fiance was sentenced in federal court in Fla, he certainly had a lawyer, either through the federal PD or a court-appointed lawyer. Your question may be whether he had effective representation. Given that he received a 10 year sentence, it was likely the minimum mandatory sentence required by statute. Your fiance may not have qualified for reductions such as Safety Valve (for first time offenders) or through cooperation with the government. If he pled to the charge without...