Skip to main content
Melissa Renea Sharpsteen

Melissa Sharpsteen’s Answers

5 total

  • How do I get a judgement lifted that was included in a bankruptcy

    I had a judgement against me from a credit card company in 2005. My bankruptcy was discharged in January 2006. This debt was included in the bankruptcy. I bought a house in June 2006. Trying now to short-sale my house and am being told I have ...

    Melissa’s Answer

    It sounds as if the judgment was recorded on a home that you were living in at the time you filed the bankruptcy. If this is the case, you may be able to ask the Court to reopen your Chapter 7 case and then a Motion to Avoid Lien can be filed asking the Court to remove the lien from your homestead property. Obviously, I would recommend an attorney experienced in the area of bankruptcy law to handle this for you as each situation is unique and there are many factors that can influence this situation.

    See question 
  • In 2006 i was arrested for battery on a leo and i pled guilty and i did 2 months of probation with early termination and

    my charge was witheld adjudicated. can it be expunged or sealed?

    Melissa’s Answer

    So long as the charge was a pled to as "Battery on Law Enforcement Officer" and you received a withhold of adjudication, you would be eligible to SEAL but not expunge the case. You would not be eligible for either if there has been any adjudication of guilt on your record whatsoever from any other offense that you may have been arrested for in the past and/or arising out of the same set of facts and circumstances as the above charge. Good luck to you!

    See question 
  • Were do i send my motion for early termination of house arrest to?

    Were do i send my motion for early termination of house arrest to? it is for the sixth district court for pasco county fl. I dont want to send it to the wrong place and not get it done. Please help! thank you

    Melissa’s Answer

    Once you have completed your motion, you should file the original with the Clerk of the Court. You should send or deliver a copy to the Office of the State Attorney. Once this is completed, it is necessary to contact the Judicial Assistant for the Judge that will be hearing the Motion to schedule a Court date for the Motion to be heard by the Judge. I would advise to retain a copy of the Motion for yourself in order that you may refer to it during the hearing. Once the hearing is scheduled, you should attend the hearing and make your argument for the Motion to be granted. I highly advise retaining an experienced criminal defense attorney for this matter as we know the law, courtroom procedures and the issues to be argued in such a case. Good Luck in your endeavours!

    See question 
  • I was 15 and i got arrested for agg battery (784.045) in florida. can i get it taken off my record? i pled no contest i think or

    maybe guilty i dont remember but only because the judge told me that i would be in more trouble if i didnt. So i just pled guilty cause at the time i was in a juvenille center and wanted to go home. which i never actually did any thing and was fal...

    Melissa’s Answer

    First it is important to know whether you were transferred to adult court or if you were in juvenile court. The implications for each are very different. Additionally, it is important to know whether there is a Judgment and Sentence which you can obtain from the Clerk of the Court. Once you know the "disposition" of the case you would be able to tell whether the charge can be sealed or expunged.

    If the case took place and was resolved in juvenile Court, the records may be sealed at this time. If so, you might need to obtain a Court Order to obtain the Judgment and Sentence as juvenile records are not public record. Finally, most Juvenile records are sealed or expunged in many cases at the age of 24 or 26, depending on the circumstances.

    As you can see, there are many variables. It is important to contact an experienced Criminal Defense Attorney to discuss your particular circumstances in order to determine which options are available to you.

    See question 
  • Confused about Bankruptcy

    Hello! I filed a Chapter 13 BK in 2007. We were paying the Bank "outside the plan" as we were current on our mtg. We are still paying the monthly fee to the trustee and have a few months to go. I tried to modify the terms of the loan under HAM...

    Melissa’s Answer

    First you must decide whether you want to keep the home despite the fact that you are "upside down" or owe more than what it is worth. If so, you must either work out a modification of some type with the mortgage holder or you must work out terms of the remaining mortgage with your mortgage holder. If you do not have the ability to pay for and keep the home, you could possibly convert your Chapter 13 into a Chapter 7 and expunge certain debts including the home. Obviously, you will have to give the home up in the Chapter 7 or "surrender" it and find another place to live.

    The above information only applies if you qualify for a Chapter 7. There are exceptions which may apply to your situation so its very important to contact a bankruptcy attorney to advise on your particular circumstances.

    See question