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Lori Doganiero Palmieri

Lori Palmieri’s Answers

542 total


  • When are motions in limine heard before trial? my publid defender said its too late?

    trial is set in my case and i did some research and found out you can file a motion in limine to keep out certifain efidence . I told my pd and he said trial is set a month away and he cannot file motions to limine? is that true?

    Lori’s Answer

    Unless the particular trial judge that you are before prohibits motions in limine by a date certain this far out from the trial date, typically courts will hear such motions up until the start of the trial. This sounds like an unusual situation not normally seen in courts in Fla. It is best to speak to your lawyer and understand why he is claiming he cannot do it now. It is very important for you to understand what your lawyer is doing and not doing on your behalf so you have all the information available to you before proceeding to trial. Best of luck.

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  • How do you find out if a record can be expunged & what shows up on a clinical background check for working in patient care?

    Particularly someone with statue 810.08 (MISD.) TRESSPASS*BATTERY Date charged 4/26/2006 Court: Adjudicated Guilty (Case Type was Felony but charged Misdemeanor with Felony Probation) and Statue 784.03 BATTERY*FOPS 04-5050CF CT2 also charged ...

    Lori’s Answer

    According to your post, you were adjudicated guilty of both cases so under Florida law you are ineligible to seal or expunge either offense. You should assume that both would show up on a criminal background check by a prospective employer.

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  • Do I sign papers at my probation office once my judge terminated my probation

    My judge accepted my request for early termination and closed my case and said my termination is effective immediately. Does that mean I'm off? Or do I have to sign papers or something

    Lori’s Answer

    Typically if the Court grants your motion, you are off probation immediately and do not need to contact your probation officer again. If it will make you feel more comfortable, give him/her a call and confirm it. Congratulations on getting off probation early. If you are eligible to seal your record, I would recommend you do so.

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  • Will I do jail time?

    was on probation for 4 years and now being violated for unpaid restitution! charges was dealing in stolen property and defrauding a pawnbroker x2 was denied modification bal. owed is 3,800

    Lori’s Answer

    To be found in violation for failing to pay restitution while on probation, you have to be held to have had the ability to pay and willfully refused to do so. Whether you go to prison or not will depend on whether there have been previous violations and your prior criminal history on your score sheet. Judge Perry will try to temper the needs of the victim to be made whole with whether your failure to pay is excusable or willful.

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  • Can a 8 year old DUI conviction (plead no contest), be appealed?

    Hello, I am trying to get some information on an old DUI case I had back in 2007. I plead no contest to the DUI based off my lawyers recommendation. Unfortunately, 2 years ago I was arrested and accused of theft... luckily, that case was dropped...

    Lori’s Answer

    There is no procedural mechanism to re-open an 8 year old DUI now. The time for direct appeal is over as well as any post-conviction action against your lawyer. Unfortunately, you are stuck with the DUI conviction that makes you ineligible to expunge your petit theft arrest.

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  • How do I find out if " adjudication was withheld" in my case?

    This was a federal case.

    Lori’s Answer

    If it was a federal case, there is no federal withhold of adjudication. If you either pleaded guilty or were found guilty, you were adjudicated guilty by the court. You can contact the clerk of court at the federal courthouse in the city in which this case arose.

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  • Can you have a felony charge reduced to a misdemeanor or even sealed or expunged after you have been convicted.

    My attorney worked the case for 3 years, I spoke with him a total of 5 times he would call me periodically and give updates after 3 years he called me and said this is all he can do. I received 5 years probation which I completed in 4 months. I wa...

    Lori’s Answer

    Unfortunately, even if you received a withhold of adjudication, aggravated battery is one of the enumerated offenses that cannot be sealed under Fla Law. The only way this could be expunged, if you otherwise qualified, is for the offense to be dismissed by the prosecutor or the court. You can only apply for clemency now to have your rights restored, but that will take years. It's too bad this happened to you as it sounds like you were ill-prepared for all the negative fall-out. Hopefully an employer will understand your situation and give you a chance to prove yourself. Good Luck.

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  • How to get mugshots.com to 'unpublish' my SEALED record. I have contacted the Better Business Bureau, Ic3, State Attorney...

    Pam Bondi, FTC, Google, econsumer.gov, usa.gov, & the division of Consumer Protection. I'm probably forgetting a few more, but you get the idea. My arrest record has been sealed by a judge. My local clerk and sheriff's departments have removed m...

    Lori’s Answer

    • Selected as best answer

    I have had good success in writing directly to the 3rd party website who scraped the criminal history record from the internet that was subsequently sealed or expunged by the court. I enclose a certified copy of the order and direct them to remove the information as it is no longer public information. Try it and see if that helps. Best of luck to you.

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  • Rule 35 sentence reduction and RDAP sentence reduction, are they both allowed?

    Does a Rule 35 sentence reduction of 6 months negatively impact a RDAP program sentence reduction? In other words, is it looked at as 'double dipping'? The original sentence of 30 months would be reduced by 6 mos with Rule 35, the inmate has alre...

    Lori’s Answer

    The Rule 35 reduction takes the time off the total sentence, so from 30 months down to 24. Usually a defendant is admitted to RDAP when they have a small percentage of their total time left to serve. The amount of time "off" for successfully completing RDAP can be up to a year, but in this scenario there is likely not going to be the maximum time off. The defendant should talk to his case manager about his projected release date as these calculations are a BOP function.

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  • What is a mitigation specialist?

    Are mitigation specialists investigators that try to find mitigating factors (character, mental health, etc.) . Do most attorneys use one for a first degree felony case? Should I ask potential attorneys if they utilize mitigation specialists?

    Lori’s Answer

    I agree with Mr. Olney. Mitigation experts can be a valuable resource for the criminal defense lawyer but remember that all experts cost money, over an above what you pay your lawyer. I find that most mitigation information can be obtained by the lawyer herself, with help from the client and his/her family. Where there are extenuating circumstances of mental health problems, physical or psychological limitations and past history of abuse or trauma, specialized training would be necessary. There is not a set of guidelines used in every case. Each case is unique and will be handled on a case-by-case basis.

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