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Donald James Kilfin
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Donald Kilfin’s Answers

8 total

  • If charges are filed after the statue of limitations can and will the case be dismissed?

    If the statue of limitations runs out/expires can the state still file charges and if so is this grounds for dismissal of the case? I know its not a constitutional right but I live here in florida, not out of state so no tolling of time, should an...

    Donald’s Answer

    If a charge was filed beyond the applicable statute of limitations, and there is no tolling or other provision that would extend the limitation period otherwise applicable, then it was likely an oversight. Usually, the prosecutor will be aware if the S.O.L. has run, but not always. If the charge was filed beyond the period of limitation, they will usually nolle prosse the charge once it is brought to their attention (this has been my experience under these circumstances).
    If the charge was not filed inadvertently, then the state believes there is some sort of exception. Have you resided out of the state for any period of time? Have you been without a "reasonably ascertainable place of abode"? These circumstances will usually toll and/or extent the period of limitation.
    Also, for some offenses, the period of limitation does not begin to run at the time the crime is committed, but rather, at the time it is discovered. This is usually the situation in fraud type cases.
    An experienced criminal defense attorney will be able to figure this out pretty quickly I would imagine. I hope this helps you. Good luck with your case.

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  • I was sentenced to drug court for a year and I stop going do to my drug and alcohol problems I finally hit bottom and in aa

    Keeping sober is the most important thing in my life right now but I need to clean up the past so I can continue to grow in sobriety

    Donald’s Answer

    • Selected as best answer

    You should hire a criminal defense attorney in your area, and particularly one that is familiar with the policies and procedures in your circuit's drug court. The first order of business would be to have the capias (or bench warrant) withdrawn. It is possible that you may have been charged with a subsequent felony for failing to appear for your next scheduled court date (if the underlying charge was also a felony, and I am assuming it was).
    Transferring your supervision out of state is not likely in drug court. While the policies differ from county to county, one of the common features is frequent court dates with local drug counseling providers who can provide accurate and up to date information to the court on your progress. This cannot be accomplished effectively from another state. You may be able to transfer, however, if you can "opt out" of drug court. Make sure you fully understand all the implications of that decision before you make it.
    It sounds like there will be some options for you here, but again, talk to a local criminal attorney. I hope this helps - good luck.

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  • My daughter is 17 years old, she has been charged with Conspiracy to commit armed robbery.

    My daughter had text messages in her phone that tied her to the crime. This was a robbery gone terribly wrong. Unknown to both sides they were planning on robbing each other. One man was killed. My daughter who at the time was two weeks from being...

    Donald’s Answer

    Without knowing more about the underlying circumstances, including the extent of your daughter's involvement and the weight of the evidence against her, it is difficult to gauge the odds of a prison sentence. Armed Robbery is an extremely serious charge, particularly where someone is killed during the commission of the crime. In Florida, a person may qualify to be sentenced as a "youthful offender" if (1) the offense is not a capital or life felony; (2) the person is less than 21 years of age at the time of sentencing; and (3) the person has never been sentenced as a youthful offender in the past. Conspiracy is an inchoate crime, which may reduce the maximum penalty and guideline score that would apply if your daughter had been charged with armed robbery. You should consult with an experienced criminal lawyer in your area as soon as you can to discuss the details of the case and what options may be available. I hope this helps.

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  • My son was arrested on august 31, 2011 he just got sentenced a couple months ago. They gave him 15yrs 10mandatory 5 probation

    This his first offense aggravated battery with firearm but when sentenced they charged him with attempted murder

    Donald’s Answer

    A person cannot be sentenced unless he or she enters a plea of guilty or no contest, or is found guilty after trial (jury or non-jury). Once a plea is entered, or there has been a finding of guilt, the State cannot amend the charge. Aggravated battery is a second degree felony, which means it is punishable by up to fifteen years in state prison. If your son possessed a firearm during the commission of the offense, then Florida's 10-20-Life provisions would be invoked. I suspect that this is where the 15 year sentence, with a 10 year min. man. followed by five years of supervision, comes into play here. Also, Florida law dictates that 100% of a minimum mandatory prison sentence must be served. I hope this helps you.

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  • Can a defender ask for a change ,after making a plead deal and if so what's the process?

    They did not show up for a sentencing hearing so ptr was revoked it was a plead deal base on a n incident that had occur two years prior to the warrant for arrest because the charge was a sale of 160.00 to an undercover and it's video although it...

    Donald’s Answer

    • Selected as best answer

    If this person has already entered a plea to the charge, then it is very likely that the court will proceed to sentencing after the warrant is executed (withdrawing the plea is not a likely option). In many instances, where a person remains on bond (or ROR status) between the plea and sentencing hearing, the State will usually put on the record that the plea agreement is based on the defendant appearing for sentencing with no new law violations. This means that whatever agreement was reached may no longer be on the table. Also, when a person fails to appear for a mandatory court date (in felony cases), the State will usually file a subsequent felony charge for failing to appear. This person should ask the court to appoint a lawyer (if h/she cannot afford one) to resolve both matters concurrently. Good luck.

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  • I have a battery (62 woman) filed by tow truck driver.

    tow truck driver threatened to run over me and my car. we had words. he kept bullying me and daring me to hit him. I gently slapped him and he called police to have me arrested and taken to jail. He knew what he was doing in the 1st place but I ...

    Donald’s Answer

    The outcome will depend on a number of factors. The first is whether you have a prior battery charge that was resolved by a plea (guilty or no contest), regardless of whether adjudication of guilt was withheld, or whether there was a finding of guilt by the court after a trial (bench or jury). Battery is an enhanceable offense - a prior could elevate this from a first degree misdemeanor to a third degree felony.
    If the charge has not yet been formally filed, the state may elect not to prosecute, particularly if the the alleged victim here does not want to proceed with prosecution. If you have been, or are ultimately charged, there are a number of viable options. If you are without a prior criminal record, it is likely that this matter can be resolved without a criminal conviction.
    You should contact a criminal defense attorney as soon as possible to discuss the circumstances in greater detail. Good luck with your case.

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  • Mandatory sentence question

    SAO and Judge say the mandatory for felon in possession of firearm and armed burglary (unoccupied) PRR is life . Is this correct? They offered 15 yrs PRR but said he would have to plead guilty of all charges (even charges that the burglaries occur...

    Donald’s Answer

    Armed Burglary is a fist degree felony that is punishable by life. If a person commits a "qualifying offense" within three years of being released from prison the State has the option of filing a Notice of Enhanced Penalty or Notice that the Defendant Qualifies as PRR. Armed Residential Burgalry is a qualifying offense. Once this designation is made, the Court has no discretion to impose a sentence that is less that the statutory maximum, which is life. If the State is offering a 15 year PRR sentence, it sounds like they are willing to accept a plea to Residential Burgalry, a second degree felony, where the maximim penalty is 15 years. A criminal lawyer can evaluate the merits of the case. Good luck.

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  • I have a dui in fl can I go to court and try and beat the blow machine because I am having a big problems getting to to work

    I am not drinking at all I am just not getting it to work al the time

    Donald’s Answer

    The breath test machines are subject to both monthly and annual calibration requirements. Sometimes there are issues with the breath test machine that could give your attorney a basis to attack the reliability of the results. A DUI lawyer could obtain copies of the maintenance records and make this determination on your behalf. Good luck with your case.

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