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Lori Doganiero Palmieri

Lori Palmieri’s Answers

543 total


  • What is the difference between a PRE-TRIAL and a JURY TRIAL?

    Why would a pretrial be set 1 date and then a jury trial is set the following week? What happens at the pre trial?

    Lori’s Answer

    A pre-trial conference is normally set in advance of a jury trial date to determine if the parties are ready to try the case, if there are outstanding pre-trial motions that need to be filed and heard, whether all discovery is complete, whether there are last minute issues about evidence that need to be ruled on, etc. It is the last court date before the parties show up ready to actually pick a jury and try the case. It is the normal and customary practice in courts in this state.

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  • What do it mean when they say 55 counts of burglary??

    I just wanted to know is that like the number of cars that someone supposedly had supposed to stole out of???

    Lori’s Answer

    Counts refers to the number of individual charges a person is accused of committing. In this instance, it could be the number of individual cars, boats, vessels, homes, etc. The severity of the crime depends on what type of structure. If it is a car it would be a 3rd degree felony punishable by up to 5 years in prison, whereas if it is a home it is a 2nd degree felony punishable up to 15 years in prison. Either way, the person is facing a very long potential prison sentence and needs a lawyer asap.

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  • What do it mean when they say 55 counts of burglary??

    I just wanted to know is that like the number of cars that someone supposedly had supposed to stole out of???

    Lori’s Answer

    Counts refers to the number of individual charges a person is accused of committing. In this instance, it could be the number of individual cars, boats, vessels, homes, etc. The severity of the crime depends on what type of structure. If it is a car it would be a 3rd degree felony punishable by up to 5 years in prison, whereas if it is a home it is a 2nd degree felony punishable up to 15 years in prison. Either way, the person is facing a very long potential prison sentence and needs a lawyer asap.

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  • Sentenced to 1 year 1 month but with 63 days credit time served. Prison or county?

    If someone is sentenced to 1 year 1 month but with 63 days credit time served will the go to a prison or serve the remainder in county jail?

    Lori’s Answer

    The time will be served in Florida State Prison minus credit for the time already served in the county jail.

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  • In the state of florida, can an employer legally not hire someone because of an arrest ONLY with NO conviction that is expunged?

    Why or why not? And if they can, why is that allowed? Very biased and unfair as the law should not be.

    Lori’s Answer

    Florida is an "at will" workplace so that an employer may use a prior arrest without conviction to decline to hire an individual so long as the reason is not motivated by race, gender, sex, religion or sexual orientation.

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  • I am a felon convicted of a white collar crime in florida. Can and how can my civil rights be restored?

    The crime was mortgage fraud. I served 13 months in prison, 5 years on probation that ended in 2014. I still owe over 1,000,000 in restitution that is shared with 13 other codefendants.

    Lori’s Answer

    You have to apply for executive clemency. Since the list is so long, it could be a decade or more before you will be considered for the relief you seek.

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  • I am a felon convicted of a white collar crime in florida. Can and how can my civil rights be restored?

    The crime was mortgage fraud. I served 13 months in prison, 5 years on probation that ended in 2014. I still owe over 1,000,000 in restitution that is shared with 13 other codefendants.

    Lori’s Answer

    You have to apply for executive clemency. Since the list is so long, it could be a decade or more before you will be considered for the relief you seek.

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  • Can I took some classes at community college while finishing my felony probation in Tampa - Florida?

    3 years of felony probation, and the probation term is done on december 2015

    Lori’s Answer

    • Selected as best answer

    Unless the college will not admit you, I don't see any reason why you can't attend college while on probation. The conditions are either full-time work or full-time school, so there should not be a prohibition to it. Check with your guidance office first.

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  • What does PSI prepared by Probation mean? Also please, is a sentence determined before family members have a chance to speak?

    if scored 130 months and has served 600 plus days in county jail, in lay terms, what exactly does that mean>

    Lori’s Answer

    A pre-sentence report is ordered by the court as an integral part of the sentencing process. If this is a federal PSR, you will have an opportunity to receive the first draft 35 days prior to sentencing and make objections, corrections, etc. The final objections, if any, will be decided by the court during the sentencing hearing. If you score 130 months you will receive credit for the 600+ days you have in. You and your family will be able to speak to the court prior to the imposition of sentence. Your lawyer can argue for a lesser term if there is not a statutory minimum mandatory sentence that you are facing. Best of luck to you.

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  • Am I able to exspunge a Battery (simple) ,adjudication withheld,,Degree,,M-1st,, Non reporting one day probation.

    On January 2 2003 I was in a bar altercation , I had payed a 375.00 dolar fine. Im trying to get expunged ,I think it's ruining my chances to get a job, or certain jobs .I'm fifty three, and also have a dui in florida. I don't want to spend 75.0...

    Lori’s Answer

    If you were convicted of the DUI, you will not be eligible to seal the Battery charge. Getting a lawyer will not help you unfortunately.

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