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Robert Edward Heyman

Robert Heyman’s Answers

565 total


  • Do I have a malpractice lawsuit?

    January 2014. My father was taken to the hospital for confusion and slurred speech after abnormally sleeping all day. The hospital records that I received state that he was admitted for "altered mental status". The records go on to say that he was...

    Robert’s Answer

    It appears that a lack of communication between your family and your father's doctors is the reason for your multiple questions. First of all, a CT scan can show evidence of a prior stroke if artifacts from a prior brain bleed are identified on the scan images. Given the final diagnosis by the mental health facility, were you given any info re: a drug screen which may have been performed immediately after your Dad's admission to the hospital?? If your Dad appeared unable to make medical decisions, was a family member designated as his health care advocate prior to the move to the mental health facility?? While moving him to another facility is not malpractice, the fact that he apparently suffered a number of falls is a large red flag. You need to have an attorney obtain his records from the mental health facility to determine whether a fall risk assessment was done and whether their guidelines were followed. If you have questions about your father's competency, you must have a guardian appointed immediately. Good luck.

    Robert E. Heyman,Esq.

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  • I got my First DUI this weekend and blew double the limit is there a possibility of getting it reduced to a wet wreckless?

    The details of dui I got the dui and blew but I blew double the limit is there a possibility of getting it reduced or anything if I get a lawyer?

    Robert’s Answer

    If you blew a .16 or above, in the absence of egregious errors by the arresting officer or a defect in the breath test machine, a reduction in Pinellas County is highly unlikely. That being said, you should contact a local attorney to investigate the case for any such errors. At minimum, your attorney may find compelling evidence to convince the state to eliminate a .15 or above breath test from the equation. If so, you may be able to avoid the enhanced penalties that are mandatory with an elevated breath test result.

    good luck,

    ,Robert E. Heyman

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  • What happens when probation is completed but the minimum restitution payment does not complete the total amount required.

    Probation in Florida will be completed soon and the minimum monthly payments have been made on time every month; however the total amount mandated by the courts will not be paid in full at the end of probation period. When released on probation, m...

    Robert’s Answer

    The previous responses are correct. If a VOP is filed, the State would have to establish that your uncle had the ability to pay the restitution but did not.

    Best case scenario, the Court finds that your uncle did not have the ability to pay. As a result, the remaining balance would be converted to a civil judgment which would remain in effect for 20 years.

    Good Luck,

    Robert E. Heyman, Esq.

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  • How much time is he going to get, if any?

    My boyfriend has a misdemeanor from 2012 for weed and was released on ROR. He recently got a felony charge for dealing with stolen property, in which he sold some studio equipment to a pawn shop, someone sold it to him and he didn't know it was st...

    Robert’s Answer

    The previous answers correctly address the sentencing concerns you have. The sentencing guidelines scoresheet will calculate whether the court is required to impose a prison sentence or can sentence your boyfriend to some form of probation. The scoresheet includes numeric points for both the crimes charged, prior record and whether the defendant was on some type of supervision when the new crime was committed.

    The first and more important question is whether or not the state can prove your boyfriend sold items to the pawn shop which he knew or should have known were stolen. That knowledge is an essential element to the charge of Dealing in Stolen Property. As far as the other charges, i suspect he may also have been charged with Grand Theft. A person cannot be convicted of Grand Theft and Dealing in Stolen property concerning the same property.

    Please contact me at my office if you and your boyfriend wish to discuss his case in greater detail.

    Good Luck,

    Robert E. Heyman, Esq.

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  • Is there a way of not getting jail time, if convicted of a felony habitual traffic offender?

    I got pulled over because I wasn't wearing my seat belt.This is my third dwls.I'm a hto and I got caught driving from Church. So now I'm being charge with a Felony

    Robert’s Answer

    The answer, unfortunately is maybe. I assume you became a HTO from traffic charges other than DWLSR, because 2 prior DWLSR's would not have done it. My approach would be twofold. Immediately speak to the state attorney and attempt to negotiate a sentence early in the process ( assuming you do not have defenses to the current charge). Secondly, where do you stand re;:obtaining at least a business only DL. That obviously depends on your record, but you do not have to wait the entire 5 years to do so. Contact me to set up an appointment to discuss your situation.

    Good Luck,

    Robert E. Heyman, Esq.

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  • My husband was charged with 2 counts of dealing in stolen property, he didn't know the items were stolen, what will happen?

    He has not been in legal trouble since 1993 and was sentenced to 5 years in prison for SAR. He wasn't aware the items were stolen and they guy asked if he could pawn them for him. I'm just curious to know what might happen to him.

    Robert’s Answer

    As indicated by the other attorneys here, the crime of dealing in stolen property requires proof that your husband knew that the property was stolen at the time he pawned it. While a "friend" asking him to pawn the items is suspicious, it is not enough by itself to prove the crime. Since his last criminal conviction was more than 10 years ago, the SAR will not be counted on his sentencing guidelines scoresheet should that become necessary to discuss. Please check my qualifications in Pinellas County and give me a call to set up a no-cost appointment to discuss your husband's situation. there is no time to waste.

    Good Luck,

    Robert E. Heyman, Esq

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  • Wrongful Death of father in Tampa in September 2012?

    He lived in Tampa. On police report, it states he ran stop sign, and was struck on drivers side by school bus. On death certificate, it states he was not under the influence. I live in Fort Lauderdale. Since I live long distance, would I ever need...

    Robert’s Answer

    The first.thing.that needs to be accomplished is.setting.up your.father's estate. I assume that you would serve as the PR for the estate. Secondly, while there may have been some evidence that your Dad may have run a stop sign, Florida is a comparative fault state. As such, there may also have been some fault on the part of the bus driver.
    Please accept my condolences on the loss of your Dad. I handle wrongful death claims throughout the Tampa Bay area. In most cases, the PR rarely needs to appear in person as the case is being prosecuted.
    Robert E. Heyman, Esq.

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  • In the Travon Martin-Zimmerman trial, how is it possible that the jury is completely white women?

    Since Martin is black & Zimmerman is white, why could there not have been a mix of men&women? Also, why not caucasian , black and hispanic representation?

    Robert’s Answer

    the attorneys on here have enjoyed answering your questions re: the pending trial in Orlando. One thing you need to realize, this is not the "Martin vs Zimmerman trial". While a civil case may result, this case is the State of Florida vs Zimmerman. Regarding jury selection, that decision is primarily decided by the attorneys. There is no "formula" regarding the racial or gender makeup of the panel. Each side has an equal number of potential jurors whom they can strike without giving a reason. Jurors can also be striken if they honestly indicate they cannot be fair to both sides and base their verdict on the evidence alone. In this case, the jury which was agreed upon just happened to be all women.
    I hope this is helpful to you.

    Robert E. Heyman, Esq

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  • Should I take my careless driving ticket to court or just pay the fine and take the class to remove the points?

    Person in front of me stopped too quickly(like a squirrel running into the road too quickly)and I had NO time to get fully out of the way to not hit her from behind. My left front ended up hitting her back right (tried to turn to the right as I wa...

    Robert’s Answer

    If you either elect driving school or enter a no contest plea, there will be no civil ramifications. The fact that you were issued a citation would also not be disclosed to the jury should your case proceed to a civil trial. Whatever you do, do NOT take the points on your Driving record.

    Good Luck,

    Robert E. Heyman, Esq.

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  • Dealing in stolen property is a 2nd degree felony. does the amount or value of the item has anything to lessen the charge

    item only valued at $30

    Robert’s Answer

    No. All cases which involve dealing in stolen property are 2nd degree felonies. You should seek legal counsel, however, because the police are notorious for not understanding this charge. As a former prosecutor, I saw many cases where the police have charged DSP where the defendant merely purchased stolen property. Under those circumstances, the correct charge is theft, which may be a felony or a misdemeanor, depending on the value of the property. ( greater or lesser than $300.00)
    Good Luck,

    Robert E. Heyman, Esq.

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