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Lori Doganiero Palmieri

Lori Palmieri’s Answers

529 total


  • Can a defendant still enter the pretrial diversion program even after arraignment

    -is scheduled for pretrial court date already

    Lori’s Answer

    Typically you can apply for Pre-trial diversion after arraignment. That would not be out of the ordinary because otherwise you would have gotten pre-file PTI. After arraignment is the normal course. You should talk to your attorney, or if you have not gotten one, consult with one in your area today. You will greatly benefit from the program. Best of luck from you.

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  • How do you figure out the florida point system for a capital felony.

    If a person has capital felony charges how do you figure out the point system for florida

    Lori’s Answer

    If a person is charged with a capital felony in Florida, they are facing life in prison. Ask the lawyer representing this person the specifics. The charge could be murder or capital sexual battery - either way life is on the table.

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  • How long can he be in jail without trial or indictment? Can the charges be dismissed due to speedy trial rights?

    charges: TRAFFICKING IN ILLEGAL DRUGS - 28+ GMS < 30 GMS OF HYDROCODONE & S812.014(2)(C)13 GRAND THEFT OF CONTROLLED SUBSTANCE / Arrest 5/2014, plead not guilty . couldn't afford bail.. Still sitting in jail, 5 continuances for pretrial so far.

    Lori’s Answer

    This case would be charged by "Information" not an indictment. If he has had 5 pretrials, then the charge(s) have been filed and like the other answers, there has to have been a request to continue in one or more of those court dates. On such serious charges this length of time is not unreasonable for the attorney to properly investigate and defend the case. It is unfortunate that the defendant could not post bond, but that again, is not unusual on a 1st degree felony. He should work with his attorney to see how he can resolve the case or take it to trial.

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  • What do I do in this situation???? PLEASE HELP

    My boyfriend was arrested this past Thursday for Burglary of an occupied dwelling, possession of burglary tools and criminal mischief. The police, jail, court and detectives will not tell him WHAT ,WHERE OR WHEN this crime was supposably commited,...

    Lori’s Answer

    This is when you use your time and resources to hire the best attorney you can. The attorney will lead the investigation into the allegations against your boyfriend, get the witnesses and evidence from the State Attorney's office and give his/her best advice on how to proceed to defend the case.

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  • How much does a criminal defense lawyer cost???

    Boyfriend is being held on 4 counts of welfare fraud 1 count of possesion of oxycodone and 1 count of sale of oxycodone. I live in another state and I'm just unsure of what and how to help him...

    Lori’s Answer

    You can best help him by doing some research on qualified criminal defense attorneys in the area, looking at qualifications, past experience, years of experience, board certification, awards, and reputation. Then contact a select few that appeal to you on paper and interview them about your boyfriend's situation. Fees will range depending on the lawyer. Your boyfriend is charged with 5 3rd degree felonies and 1 second degree felony, so depending on his prior criminal record, if any, he needs a good lawyer. Remember not to discuss his case with him on the jail phone, as you are being recorded. Good luck.

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  • Can I get my case dismissed?

    On 5/16/14, I was told I was being baker-acted. Upon detaining me, they found a prescription pill but still said I was being baker-acted. They then put me in the back of a car with someone being taken to jail. On the way the officer still said ...

    Lori’s Answer

    The only time your rights under Miranda apply is if you are in "custody" of the police AND they are asking questions which you answer and incriminate yourself. If you were not advised of your rights under Miranda, you could move to suppress your confession. Just because you were in their custody and allegedly committed an offense does not mean that Miranda protections apply unless they questioned you and you admitted the offense. It appears that you have a possible defense of lack of intent to commit the battery which is an intentional touch or strike against the will of the victim. You need to speak with an attorney about your specific case and what defenses you might have. The lack of reading your Miranda rights will not lead to a dismissal under these facts. Good luck to you.

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  • Is there any chance of getting my record expunged?

    I have an adjudication withheld for a felony (stolen property) from 19 years ago along with a misdemeanor petty theft conviction from the same time period. I was not aware that I would be ineligible in getting my records sealed due to the pett...

    Lori’s Answer

    The prior conviction on the petit theft makes you ineligible under Fla law to seal the dealing in stolen property case for which you received a withhold of adjudication. It is very unfortunate that it is causing you so many problems now with getting or keeping employment. There is not a good option for you now. I have been successful in re-opening a 10 year old traffic offense which was precluding a client from expunging a 1st degree felony case that was dismissed by the state last year. Changing that adjudication to a withhold will hopefully allow us to now expunge the serious felony that my client was innocent of committing. We are in that process now. This is a very rare occurrence, but it might be possible. Talk to a lawyer in Sarasota about your specific situation. Good Luck.

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  • If you are a landlord found guilty of fraud and obstruction of justice against the county,

    If you are a landlord being sued in civil court by your tenant and you're found guilty of fraud and obstruction of justice against the county and the tenant, do you go to jail?

    Lori’s Answer

    This is civil, not criminal, therefore the landlord should not be afraid of going to jail. Monetary damages are the likely outcome. You could repost this question in the civil litigation section.

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  • Does an arrest record count as a Criminal record? If so, What can i do about it? Can it be Sealed or Expunged?

    I was arrested spent a night in jail but they couldn't hold me because the person involved didn't want to press charges and also came to the in jail court hearing and testified that i wasn't a threat to them. The charges were dropped and i have "n...

    Lori’s Answer

    • Selected as best answer

    If you are not getting interviews or call backs for jobs you seek, this could be the problem. It is a common misconception that if an arrest does not lead to a criminal charge or is later dismissed, it somehow magically drops off your criminal history. That will only happen when you go through a formal expungment process. You can thereafter lawfully deny you were ever arrested or had this case dismissed. Absent a few circumstances, the general public will never know this occurred. Talk to an attorney and start the process since it can take 3-4 months. Good Luck to you.

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  • Do I have a chance of getting custody or majority of time after 4 false accusations of sexual abuse and 2 of domestic violence?

    Since the moment my attorney contacted my daughter's mother (not married) to respond to motion to settle custody and parenting agreement, the battle started. She filed a injunction order claiming domestic violence, it was denied. After signing par...

    Lori’s Answer

    This is really a family law question. Although it has elements of domestic violence allegations, your question focuses on gaining custody, which a family practitioner should address. Good luck - sorry all that has happened to you. It's not right.

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