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Timothy F. Sullivan

Timothy Sullivan’s Answers

232 total


  • Can I go to jail for this? I'm on out of state probation.

    A cop wrote me a written arrest for one roach of marijuana I was smoking. I'm currently on out-of-state probation. Am I at risk of going to jail for this? Can my PO even find out? I have a court date. All info would be greatly appreciated.

    Timothy’s Answer

    If the new marijuana charge occurred in FL, Possession of less than 20 grams is a first degree misdemeanor - which means it is punishable by up to one year in the county jail.

    Your exposure to incarceration on your older case for which you are on probation would depend on the level of offense of that older charge, and the sentencing statutes in place in whichever state the crime was committed.

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  • LOOKING FOR A PRO BONO LAWYER FOR MY SON IN JACKSONVILLE FL

    CRIMINAL DEALING IN STOLIN PROPERTY

    Timothy’s Answer

    As noted above, he should ask the judge to appoint the public defender's office.

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  • Moving to FL from Texas - will Florida count all my priors in TX against me?

    Hi, I have 4 DWI's. 1st (misdemeanor) in 1997. Second (misdemeanor) in 2000. Third (misdemeanor) in 2004. And 4th (felony, currently serving 5 yrs probation) in 2011. Hypothetically speaking, lets say I caught a 5th in FL at some point in the fut...

    Timothy’s Answer

    • Selected as best answer

    They would all count, assuming the State could find adequate proof of the prior offenses (court documents, driver's license record).

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  • Can I appear in court by phone to enter a plea of not guilty?

    on vacation and was charged with mistaminer paraphanalia and I live 400 miles from where I have to appear to enter a not guilty plea.

    Timothy’s Answer

    Because of the high volume of vacationers that visit Florida, criminal defense attorneys routinely represent persons who live out of State. This can frequently be accomplished without the need for the person to ever return to Florida to attend Court. You should contact an experienced criminal defense attorney in the County in which the offense took place.

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  • Is there a bond if you get charged with a second domestic charge in the state of florida

    well i just pressed charges on my bf for putting his hands on me and he has a domestic on his background already what would happen when they find him and lock him up

    Timothy’s Answer

    As noted above, if does not have a pending domestic case other than the one that just happened, AND, he is not on probation or a diversion program from the current offense, the judge will set an appropriate bond at the advisory hearing. He will be held on no bond until he goes in front of the judge. The judge will likely take into consideration your feelings, his prior record, the nature of the battery allegation, whether children were present, whether alcohol was a factor, whether any weapons were used, whether he has a history of mental illness and whether he has a history of missing court in setting an appropriate bond. The judge may also order that he not consume alcohol or drugs as a condition of release, that he stay away from you and/or your place of employment, etc.

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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?

    Timothy’s Answer

    Obviously every case is a little different. There are a number of factors that the state will consider when evaluating whether or not to reduce your DUI case, including, but not limited to, the breath test results, your prior record, your appearance on video, the maintenance and calibration documents associated with the machine that was used to test your breath alcohol level. There may be issues with the conversation between you and the officer where the officer said something improper in order to convince you to take a breath test. Until a qualified DUI defense attorney fully evaluates the reports, video(s) and breath test evidence, it would be impossible to predict whether the State would agree to a reduction.

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  • There is any way to get hardship license or bussines license after second breathylizer refusal without waiting 18 months?

    In 2005 I was charged with a DUI and refused to submit to a BAC test after running my car into a ditch. I took the guilty charge and suspension and went on to a career in the military. I am now a reservist and was arrested in DEC of 2014 for sleep...

    Timothy’s Answer

    The only option that you have is to file a Petition for Writ of Certiorari in the Circuit Court seeking to appeal the DHSMV denial. This needs to be filed within 30 days of the date of the order. You should know that this does not "stay" the 18 month suspension. Accordingly, your license will stay suspended unless and until you win the appeal.

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  • Can my dui charges dropped if my alcohol level was .066/.062?

    I was pulled over because my license was suspended due to failure to not finishing traffic school for speeding ticket. My bic was .066 and it says pending urinalysis. I had .6 gram of pot and paraphanilla as well. Also I had my Xanax in a wrong...

    Timothy’s Answer

    You should speak with an attorney who regularly handles DUI cases in Pinellas County. He/she can present your prescription to the State Attorney with respect to the Alprazolam issue. Thereafter, he/she can order the police reports/video evidence and prepare persuasive correspondence to the State in an effort to secure the best possible outcome.

    Timothy Sullivan
    Pinellas County DUI Attorney

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  • Are there any Prescription Medications that are illegal to drive while taking if you have been taking them for 13 years

    And never had a problem but was in a car accident and got a DUI for admitting to taking pain medications .

    Timothy’s Answer

    Like alcohol , it's not per se illegal to take your medication and drive. However, one could be prosecuted for DUI if the medication is a controlled substance and it impairs the users normal faculties - even if the medication is lawfully prescribed.

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