Lori Doganiero Palmieri’s Answers

Lori Doganiero Palmieri

Tampa Federal Crime Lawyer.

Contributor Level 15
  1. If 175 days since the date of arrest has passed without trial, has the accused not been given their rights to a speedy trial?

    Answered 12 months ago.

    1. Lori Doganiero Palmieri
    2. Jerry Jenkins
    3. Amir A. Ladan
    4. Robert Jason De Groot
    5. Ashley Nicole Minton
    6. ···
    7 lawyer answers

    This is a complicated issue. If the case has gone past 175 days from arrest and the defendant has not effectively waived his right to a speedy trial through requesting a continuance, he can file a Demand for Speedy Trial. The court must calendar that motion within 5 days and must start the trial wiithin another 10 days. If the trial is not commenced, the Defendant can file a Notice of Expiration of Speedy trial. The court must then determine if speedy trial was not waived and the trial did...

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  2. If I go to court and say the ammo is mine, will they let my brother go?

    Answered about 1 year ago.

    1. Lori Doganiero Palmieri
    2. Aaron J. O'Brien
    3. Michael Charles McGinn
    4. Dean George Tsourakis
    4 lawyer answers

    The short answer is no. The question is not who owned the ammunition, but who knew it was there and had the ability to possess it if he wanted to? You might own the ammunition left at your brother's house, but if your brother knew it was present, knew where it was left and had the ability to possess it, he can be found in violation of the felon in possession of ammunition statute due to such constructive possession. Remember that the government (state and federal) has the burden of proof and...

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  3. Can I recant a deposition without facing criminal charges?

    Answered 3 months ago.

    1. Lori Doganiero Palmieri
    2. Gregory L. Olney II
    3. Eric J Trabin
    4. Michael Victor Caruso
    5. John Patrick Guidry II
    5 lawyer answers

    You need to seek a private consultation with an experienced criminal defense attorney right away. Best of luck to you.

    11 lawyers agreed with this answer

  4. Can a convicted felon be in the same house as a firearm?

    Answered 9 months ago.

    1. Bryce Aric Fetter
    2. Lori Doganiero Palmieri
    3. Christopher Robert Dillingham II
    4. Alberto Marino Quirantes Jr.
    5. Robert Jason De Groot
    5 lawyer answers

    The convicted felon should not be in the same home where he could be considered in constructive possession of the firearm, i.e. he knows it is there, he has the ability to possess it if he wanted to and he knows he's prohibited from doing so. The only way to live in the same house with a gun would be to have it's owner lock it in a gun safe where the felon does not have access or knowledge of where the key is. It is still a slippery slope and I would not recommend such a course of action. It'...

    11 lawyers agreed with this answer

  5. I have 2 misdemeanors fro 20+ yrs ago in MD I now live in FL. and want to be my grandson's teachers helper. I am terrified this

    Answered about 1 year ago.

    1. Lori Doganiero Palmieri
    2. Larry Thomas McMillan
    3. Michael Adam Haber
    4. Marci Dana Silver
    4 lawyer answers

    This criminal history information could possibly show up on a background check performed by your grandson's school district. You need to contact the Clerk of Court in the county(s) in Maryland where you had these priors and determine what the outcome or disposition was. Their records might also be on-line too. If you are eligible under Maryland law to seal or expunge one of them, you can go that route as well. Given the age of these priors and depending on what they were, you may not be...

    11 lawyers agreed with this answer

  6. Do misdemeanor offenses fall of record after a certain amount of years? does adjudication withheld mean not convicted?

    Answered about 1 year ago.

    1. Lori Doganiero Palmieri
    2. Lucas Style Lanasa
    3. Robert Jason De Groot
    3 lawyer answers

    No, misdemeanor offenses do not drop off your criminal history record unless you get it sealed or expunged. You only get one in your lifetime. A withhold of adjudication means that you were not formally convicted of the offense. Depending on how the question is asked, you may be able to answer no if you have a misdemeanor with a withhold of adjudication.

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  7. Could I be sentenced to a year in jail?

    Answered 9 months ago.

    1. Lori Doganiero Palmieri
    2. Christopher Robert Kaigle
    3. Zachary Michael Ward
    4. Robert Jason De Groot
    5. Colleen M. Glenn
    5 lawyer answers

    It is doubtful that in your circumstance you would be sent to jail for this technical violation. It is something that you need legal counsel and representation for and I would urge you to seek out a lawyer in your area. The problem is that if this was a 1st degree misdemeanor, the maximum the court could sentence you to on probation was 1 year. I'm sure a good lawyer can take care of this problem. Seek one out.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. What is the punishment and possible sentence for felony robbery

    Answered about 6 years ago.

    1. Lori Doganiero Palmieri
    2. Marc F. Plotnick
    3. Gregory Maurice Wagner
    3 lawyer answers

    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...

    2 lawyers agreed with this answer

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  9. How can I know how much my bond will be?

    Answered 12 months ago.

    1. Lori Doganiero Palmieri
    2. Dean George Tsourakis
    3. George C. Mangrum
    4. Jerry Jenkins
    5. Mark H Randall
    5 lawyer answers

    To use a bondsman, the money you would post would be $1500, or 10% of the bond amount. If you hire an attorney, he/she can file a Motion with the Court to surrender you and seek a bond reduction simultaneously. That might not give you enough time to know how much money you will need, but it will be less than the $1500 if the court agrees to lessen the bond. You would be well-served to hire an attorney first, understand your options and proceed in an informed way. I don't suggest you spend...

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  10. Can a case closed with a "Withhold of Adjudication"be reopened and get dismissed? Can the criminal record be expunged?

    Answered 3 months ago.

    1. Lori Doganiero Palmieri
    2. Frank H Kerney III
    3. James D. Mills
    3 lawyer answers

    You can't reopen this case, but it would appear you are eligible to seal it. Then you can lawfully deny the arrest and withhold of adjudication. You'll have to talk to an immigration lawyer about applying for citizenship and having this crime of moral turpitude prior, even if sealed, about how it will affect your application for citizenship. Be sure this is the only time you ever get in trouble. Good Luck.

    10 lawyers agreed with this answer