-
Sign in with:
- Sign in
- Register
- Are you a Lawyer?
Marc F. Plotnick's Answers
- 35 Legal Answers
- 0 Legal Guides
3
Attorney answers:
What is the punishment and possible sentence for felony robbery
Based upon your question, it appears that you are asking what is the penalty for first degree robbery and third degree grand theft. If this is the case, the maximum possible sentence for first degree robbery is 30 years and for third degree grand theft, 5 years. If this is armed robbery and the alleged weapon is a firearm (an armed robbery carries with it the possibility of a life sentence), then it falls within the 10-20-Life Statute and there are minimum-mandatory penalties depending upon...
10 people marked this answer as helpful
3
Attorney answers:
POINT SYSTEM USED IN FLORIDA
The previous answer by Attorney Finebloom is right on target and the link probably has all the information that is sought by this question. What I wish to add is that regardless of what one scores, the Assistant State Attorney can request and the Judge can sentence an offender up to the statutory maximum regardless of the scoresheet tally. A typical scenario of such is if a defendant gets a felony driving on a suspended license (DWLSR) charge as their primary offense. A felony DLWSR is a...
6 people marked this answer as helpful
3
Attorney answers:
Careless driving ticket in Florida
The officer may have cited you with careless driving because he/she was unable to capture your speed with radar or laser and was thus unable to cite you for unlawful speed. Section 316.1925, Fla. Stat. (careless driving) is a very vague statute and sometimes can be fought against based upon that ground. If you are more worried about the points than actually "fighting" the ticket at an infraction hearing, then an attorney may also be able to assist you in getting a withhold (and getting no...
4 people marked this answer as helpful
3
Attorney answers:
Florida criminal punishment score sheet
For scoresheet purposes, prior offenses includes only those offenses that one was convicted of violating. Even if adjudication was withheld, these offenses can be "scored" as part of one's prior criminal history. There are some exceptions to what can be scored as a prior record. For instance, if a defendant has not had any prior criminal record nor been on probation for the ten years preceding the commission of the new offense, then those prior offenses cannot be scored on the scoresheet.
3 people marked this answer as helpful
2
Attorney answers:
3rd Degree Grand Theft Sentence
Generally, someone with no prior record who is charged with Grand Theft, is looking at a probationary sentence so that they can pay back restitution to the alleged victim. That individual may also be eligible for a diversionary program, such as Pretrial Intervention. You should contact an attorney in the Broward County area and discuss your case with him/her.
2 people marked this answer as helpful
2
Attorney answers:
Fraud accusation, to get money?
It does not appear that he has any claim to stand behind; however, I would need to know additional information. Furthermore, it sounds as if he may be committing extortion (blackmail) against you and/or your family. Extortion is a criminal offense and if he is actively committing this offense against you and/or your family, you may want to contact law enforcement.
2 people marked this answer as helpful
2
Attorney answers:
Speeding / Traffic Ticket
If no one saw you driving the vehicle, then you should be able to successfully defend against this careless driving infraction. There has to be a "wheel witness" who saw you driving and also to testify that you drove carelessly. Even if you later admitted to the officer that you were driving the vehicle, there may not be the "corpus delicti" of an offense - it must be proven that a crime has occurred before an admission alone can be held to be sufficient evidence to prove one's guilt beyond a...
2 people marked this answer as helpful
4
Attorney answers:
Hit car in front of me, cop gave me a ticket, is it automatically my fault in FL for rear end accident
Generally, this is true. In many jurisdictions, an officer has to make a call as to who was at fault in an accident and then ticket that person. Careless Driving is basically a catch-all statute that is very vague. If it is worth it to you, you may wish to contact an attorney about contesting the infraction at a hearing.
1 lawyer agreed with this answer
4
Attorney answers:
In FL state what is the punishment for trafficking oxycodone
As posted earlier, the minimum mandatory sentences and maximum sentence fall under s. 893.135, Fla. Stat. Judges have no authority to "depart" for trafficking offenses, except under the Youthful Offender Act (where a Defendant was under the age of 21 at the time of the commission of the offense). Generally, the only way to get around the minimum mandatory penalties (unless of course there are legal issues in your case - i.e. a motion to suppress) is by working out something less with the...
2 people marked this answer as helpful
4
Attorney answers:
Deven Trabosh- Is It Legal to Sell Yourself with a House?
I looked up an article about this individual. It appears that Ms. Trabosh is selling her house and her "heart" (or companionship) in exchange for $500,000. I am not aware of any Florida Statute that would prohibit such conduct. If Ms. Trabosh was offering sexual services, then obviously that would violate the prohibition against prostitution (Section 796.07, Fla. Stat.); however, it does not appear that her actions are tantamount to such. If anything, Ms. Trabosh's offer seems on a level...
2 people marked this answer as helpful